Simple Compensation Claim Handbook

Author: Editorial Group of the Supreme People's Court "Brief Handbook for Handling Damage Compensation Cases"
Publisher:
Publishing Date: 2003-07-01
Features: In the understanding of both the legal theory and practice circles in China, the law of damage compensation is not an independent legal department. However, within China's legal system, the legal norms that regulate the legal relationships of damage compensation play a very important role. From the perspective of basic systems, the law of damage compensation is stipulated by legal norms such as the "General Principles of the Civil Law of the People's Republic of China" and the "National Compensation Law of the People's Republic of China." From the perspective of specific content, the law of damage compensation not only runs through the property rights, contracts, torts, personal rights, and intellectual property rights in civil law, as well as the content of commercial and economic law, but also spans criminal law and administrative law. Administrative regulations and departmental rules issued by the State Council and its various administrative departments, as well as various judicial interpretations issued by the highest judicial organs, almost all involve the content of the law of damage compensation and almost all make specific provisions and interpretations regarding the application of the law of damage compensation in specific fields. In this sense, the administrative reconsideration petitions filed by citizens, legal persons, and other organizations with administrative organs, the civil, economic, administrative, and criminal lawsuits filed with courts, and the arbitration cases submitted to arbitration institutions all almost involve the specific application of the law of damage compensation.
The law of damage compensation protects the civil rights of citizens, legal persons, and other organizations by punishing tortious acts, breach of contracts, and other unlawful acts, remedies for damages, ensures social stability and peace, and promotes the healthy development of the socialist market economy. The law of damage compensation in China is scattered across a vast number of laws, administrative regulations, departmental rules, and judicial interpretations issued by the highest judicial organs.
Based on the most common legal relationships of damage compensation in judicial practice and according to the actual needs of case handlers for applying legal basis, the editorial group of this book has collected the commonly used laws, administrative regulations, judicial interpretations, and some referenceable departmental rules and rule-like documents when handling damage compensation cases. The content of this book is divided into two parts: Civil Liability for Damage Compensation and Remedial Procedures for Damage Compensation, respectively collecting the main legal documents on both the substantive and procedural aspects of the law of damage compensation. It also includes newly published legal documents by the Supreme People's Court, such as the "Provisions of the Supreme People's Court on Adjudicating Civil Compensation Cases Caused by False Statements in the Securities Market," the "Interpretation of the Supreme People's Court on Applying Laws to Disputes over the Purchase and Sale of Commercial Residential Property," and the "Provisions of the Supreme People's Court on Adjudicating Futures Dispute Cases." Additionally, it includes the newly published "Work-related Injury Insurance Regulations" by the State Council.
To make this book concise and practical, we have excerpted relevant provisions from some legal documents involving damage compensation, allowing the book to include more comprehensive legal documents within its limited space, making it highly valuable for judicial practitioners.