The Scope of Judicial Compensation in China What is Judicial Compensation and State Compensation

Compensation for judicial damages refers to the compensation caused by the state judicial organs and their functionaries to the legitimate rights and interests of citizens, legal persons and other organizations in the course of exercising judicial power. Judicial organs refer to the state adjudication organs, procuratorial organs, criminal investigation and prison management organs. Judicial damages include damages in criminal, civil and administrative proceedings.

The scope of criminal damages includes:

1) Compensation for damages for infringement of personal rights. Article 15 of the State Compensation Law stipulates that compensation shall be paid for any of the following acts: wrongful detention of a person who has not committed a crime or who has not been proven to be seriously suspected of committing a crime; wrongful arrest of a person who has not committed a crime; Where the verdict is changed to not guilty in accordance with the trial supervision procedures, and the original sentence has already been enforced; extorting confessions by torture or using violent acts such as beatings, or instigating others to use violent acts such as beatings, causing bodily harm or death to citizens; Illegal use of ** or police equipment to cause bodily injury or death to citizens.

2) Damages for infringement of property rights. Article 16 of the State Compensation Law stipulates that compensation shall be paid for any of the following acts: illegally taking measures such as sealing, seizing, freezing, or recovering property; Where the verdict is changed to not guilty in accordance with the trial supervision procedures, and the original fine or confiscation of property has already been enforced.

3) Several situations in which the state does not pay compensation. Article 17 of the State Compensation Law stipulates that the State shall not compensate for the following acts: A citizen who is detained or sentenced to a criminal punishment because he or she intentionally makes a false confession, or makes a false confession, or fabricates other evidence of guilt; A person who does not bear criminal responsibility in accordance with articles 17 and 18 of the Criminal Law is detained; A person who is not subject to criminal responsibility in accordance with article 15 of the Criminal Procedure Law is detained; Personal conduct of staff members of organs exercising state investigative, procuratorial, adjudicatorial, and prison management powers unrelated to the exercise of their powers; Harm occurs due to intentional acts such as self-injury or self-harm by citizens; Other circumstances provided for by law.

Article 31 of the State Compensation Law stipulates that in the course of civil or administrative litigation, a people's court shall compensate for the damages caused by the illegal adoption of compulsory measures or preservation measures against obstructing litigation, or the erroneous enforcement of judgments, rulings and other effective legal documents. （）

1) The scope of compensation for judicial compensation.

1. Wrongful detention of a person who has no facts of a crime or no facts that prove that he is seriously suspected of committing a crime;

2. Wrongful arrest of a person who has no facts of a crime;

3. Where the verdict is changed to not guilty in a retrial in accordance with the trial supervision procedures, and the original sentence has already been enforced;

4. Extorting confessions by torture or using violent acts such as beatings, or instigating others to use violent acts such as beatings to cause bodily injury or death to citizens;

5. Illegal use of ** or police equipment to cause bodily injury or death to citizens;

6. Illegally employing measures such as sealing, seizing, freezing, or recovering property;

7. Where the verdict is changed to not guilty in accordance with the trial supervision procedures, and the original fine or confiscation of property has already been enforced;

8. In the course of civil litigation or administrative litigation, the people's courts illegally employ compulsory measures or preservation measures that obstruct litigation, or erroneously enforce judgments, rulings, or other effective legal documents, causing harm.

Only those whose laws and judicial interpretations clearly stipulate that they fall within the scope of state compensation can apply for judicial compensation; The compensation committee of the people's court shall not accept an application for compensation that exceeds the scope provided for by laws and judicial interpretations.

2) Common situations in judicial practice where an application for compensation exceeds the scope of compensation:

1. The discipline inspection or supervision departments make a sanction decision and then revoke it;

2. After a people's court's civil or administrative judgment or ruling takes effect, the judgment is changed through retrial procedures;

3. The civil judgment cannot be enforced;

4. The civil portion of a civil judgment attached to a criminal case cannot be enforced;

5. In a civil case, it is not possible to enforce the reversal after the judgment has been changed after retrial;

6. Other circumstances that do not cause damage due to the illegal exercise of authority by judicial organs and their staffs.

3) In the case of different judicial compensation applications, the organs of the state compensation obligation are also different:

A state organ with the obligation to compensate to participate in the state compensation trial procedure on behalf of the state in its own name and bear the state's liability for compensation in its own name in order to carry out an act of illegal authority. In accordance with the provisions of the State Compensation Law and the relevant judicial interpretations of the Supreme People's Court, the organs with the obligation to compensate shall be determined in the following manner for judicial compensation cases:

1) The organ that takes detention measures against citizens and makes the detention decision is the organ with the obligation to compensate;

2) Where a decision is made to withdraw the case, not to prosecute, or to pronounce a not-guilty citizen after taking arrest measures, the organ that made the arrest decision is the organ with the obligation to compensate.

3) Where the verdict is changed to not guilty at retrial, the people's court that made the original effective judgment is the organ with the obligation to compensate;

4) Where the second-instance judgment is changed to not guilty, and where the second-instance trial is remanded for retrial, the people's court that made the first-instance judgment of guilt is the organ with the obligation to compensate.

Legal analysis: Judicial compensation, a legal system in which the state bears the liability for compensation if the judicial organs and their staff illegally infringe upon the legitimate rights and interests of citizens, legal persons or other organizations and cause damage due to their illegal actions in the exercise of judicial power.

State compensation, where state organs and their functionaries cause damage to the personal rights or property rights of citizens, legal persons, and other organizations as a result of the exercise of their powers, shall be compensated in accordance with law.

Legal basis: "State Compensation Law of the People's Republic of China" Article 7: Where an administrative organ or its staff infringes upon the lawful rights and interests of citizens, legal persons and other organizations in the exercise of administrative powers, causing damages, the administrative organ shall be the organ obligated to compensate.

Where two or more administrative organs infringe upon the lawful rights and interests of citizens, legal persons, and other organizations in the joint exercise of administrative powers, causing harm, the administrative organs jointly exercising administrative powers are the organs with a joint obligation to compensate.

Where organizations or individuals entrusted by administrative organs infringe upon the lawful rights and interests of citizens, legal persons, or other organizations in the exercise of their entrusted administrative powers, causing harm, the entrusted administrative organ is the organ with the obligation to compensate.

Where the organ with the obligation to compensate is revoked, the administrative organ that continues to exercise its functions and powers is the organ with the obligation to compensate; If there is no administrative organ that continues to exercise its powers, Sui Min shall revoke the administrative organ of the organ with the obligation to compensate as the servant of the organ with the obligation to compensate.

State compensation is an activity in which the state bears the responsibility for the consequences of the damage caused by the infringement of the exercise of public rights, mainly criminal compensation and administrative compensation. Judicial compensation is a legal system in which the state bears the liability for compensation for the illegal infringement of the legitimate rights and interests of citizens, legal persons or other organizations by the judicial organs and their staff members in the course of exercising judicial power.

Law on State Compensation

Article 2. Where state organs and state organ functionaries exercise their functions and powers and have circumstances that infringe upon the lawful rights and interests of citizens, legal persons, and other organizations as provided for in this Law, and cause harm, the victim has the right to obtain state compensation in accordance with this Law.

The organs with compensation obligations provided for in this Law shall promptly perform their compensation obligations in accordance with this Law.

What are the specific judicial provisions of the State Compensation Law Article 1 When a claimant applies to the Compensation Commission for a compensation decision, he shall provide the following legal documents and supporting materials: (1) The decision made by the organ with the obligation to compensate; (2) A written reconsideration decision made by the reconsideration organ, except where the organ with the obligation to compensate is a people's court; (3) Where the organ with the obligation to compensate or the reconsideration organ fails to make a decision within the time limit, it shall provide relevant supporting materials such as the receipt of the application for compensation by the organ with the obligation to compensate; (4) Legal documents made by organs exercising investigative, procuratorial, or adjudicative functions and powers in the course of criminal procedures, civil procedures, administrative procedures, and enforcement procedures in cases involving compensation applications; (5) Evidence of harm caused by the authority of the organ with the obligation to compensate violated the lawful rights and interests of the claimant; Article 2 Where the compensation commission receives an application for compensation and finds that it meets the requirements for application after examination, it shall file the case within seven days and notify the claimant for compensation, the organ obligated to pay compensation and the reconsideration organ; where it is found that the application requirements are not met, a decision shall be made to not accept it within 7 days; Where it is found that the application requirements are not met after the case is filed, it is decided to reject the application. The time limit provided for in the preceding paragraph shall be calculated from the date on which the compensation application is received by the Compensation Commission.

If the application materials are incomplete, the compensation commission shall inform the claimant of all the contents that need to be supplemented and corrected at one time within five days, and the time for receiving the compensation application shall be calculated from the date on which the compensation commission receives the supplementary materials. Article 3 The compensation committee shall, within five days from the date on which the case is filed, send a copy of the application for compensation or a copy of the "Application for Compensation Registration Form" to the organ with the obligation to compensate and the organ for reconsideration. Article 4 The claimant for compensation may entrust one or two people to be the first person.

Lawyers, close relatives of the citizens who make the application, persons recommended by relevant social organizations or units, and citizens who have been approved by the Compensation Commission can be entrusted as ** persons. The organ with the obligation to compensate and the reconsideration organ may entrust one or two staff members of that organ to serve as the first person. For the parties, even if it is difficult to protect their own interests, as long as they can make a certain degree of interest statement, then it will definitely have a positive significance for the protection of their own interests, so for the relevant parties, there are specific provisions on state compensation, so they can protect their interests as long as they follow the relevant regulations.