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Amendments to the State Compensation Law

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Law of the People's Republic of China on State Compensation

Suspected criminals found innocent or those whose cases prosecutors drop after excessive long periods of detention should be compensated by the state, according to a law amendment?approved by the National People's Congress (NPC) Standing Committee?on April 29, 2010. (More)

 

The amendments to the State Compensation Law aim to better defend people's rights from being violated by the State.

 

The State Compensation Law, adopted in 1994 and taking effect the following year, stipulates citizens should be compensated once infringed by government agencies or their officers, but it only compensates direct losses, including medical fees and loss of earnings during a certain period of time for victims. Mental damage can only be compensated through apology, restoration of reputation and clearing up of negative effects.

Typical redress cases:

 

Zhao Zuohai, a villager in Henan Province, received a suspended death sentence in 1991 for killing his fellow villager after the two had a fight. Zhao had been?jailed for almost 10 years when his alleged victim returned home. Zhao Zuohai was compensated 650,000 yuan (96,000 U.S. dollars) for the wrong jail.

 

 

Ma Dandan, a beauty salon worker in Northwest China's Shaanxi Province, was illegally interrogated in 2001 for 23 hours and then wrongly detained for 15 days on charges of prostitution. She asked for compensation of 5 million yuan (US$600,000), but was turned down by a local court and received a tiny compensation of only 74.66 yuan (US$9).

 

 

She Xianglin, from Hubei Province, spent 11 years in jail for "killing" his wife before being released in 2005 after his "victim" turned up alive. He received nearly 500,000 yuan (US$61,880) in compensation, including an amount for the arrest of his mother for trying to help his case – she later died while he was still in prison.?

News:

? Wrongly jailed man wants more cash

 Judiciaries urged to prepare for revised compensation law

 Injustice or belated justice

 Amended state liability compensation law adopted

 Compensation for prolonged detention specified

 Socialist legal system takes shape

Human rights protection tops China's judiciary agenda

Top court reviews all death sentences

Victims of state infringement actions deserve more

Legal redress for victims of mental trauma

 Bogus evidence, deadlines lead to wrongful convictions

 Need for punishment system reform visible

Special report:

 

Beijing Forum on Human Rights 2009

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