New Interpretation and Analysis of the State Compensation Law and Supporting Regulations (2nd Edition)

Author: Liu Jiachen
Publisher:
Publish Date: 2006-05-01
Features: The "Compensation Law of the People's Republic of China" was adopted by the seventh session of the Standing Committee of the National People's Congress on May 12, 1994, and came into effect on January 1, 1995. This is a great achievement in the development of democracy and the rule of law in our country, marking the entry of China's state compensation legal system into a new stage of development. The promulgation of the State Compensation Law holds profound historical and practical significance for the effective protection of the legitimate rights and interests of citizens, legal persons, and other organizations, as well as for promoting the exercise of powers by state organs and their staff in accordance with the law. Since its implementation, the State Council, the Supreme People's Court, the Supreme People's Procuratorate, and relevant ministries and commissions have successively issued a series of regulations and interpretations. For example:
- The State Council's "Measures for the Administration of Compensation Expenses" (January 25, 1995);
- The Supreme People's Court's "Notice on Establishing Compensation Commissions for the Implementation of the 'Compensation Law of the People's Republic of China'" (December 23, 1994), "Reply on the Retroactive Effect of the 'Compensation Law of the People's Republic of China' and the Scope of Cases Accepted by Compensation Commissions of People's Courts" (January 29, 1995), "Provisional Provisions on the Procedures for the Supreme People's Court Compensation Commissions to Hear Compensation Cases" (May 6, 1996), "Interpretations on Several Issues Concerning the Implementation of the 'Compensation Law of the People's Republic of China' by the Supreme People's Court" (May 6, 1996), "Provisions on Several Issues Concerning the Hearing of Administrative Compensation Cases" (April 29, 1997), "Provisional Provisions on the Establishment of Cases for Criminal Compensation and Non-Criminal Judicial Compensation (Trial)" (January 11, 2000), "Provisional Provisions on the Case Types for Criminal Compensation and Non-Criminal Judicial Compensation (Trial)" (January 11, 2000), "Trial Forms for Compensation Cases of the State Compensation" (January 11, 2000), "Interpretations on Several Issues of Judicial Compensation in Civil and Administrative Litigation" (September 21, 2000);
- "Provisions on Several Issues Concerning the Hearing of Compensation Confirmation Cases of the Supreme People's Court (Trial)" (August 10, 2004),
- The Supreme People's Procuratorate's "Provisions on Criminal Compensation Work of the Procuratorate" (January 10, 2001);
- The Supreme People's Court and the Supreme People's Procuratorate's "Interpretations on Several Issues Concerning the Handling of Joint Compensation Cases by the Supreme People's Court and the Procuratorate" (June 27, 1997), "Notice on Determining the Compensation Obligation Body in Criminal Compensation Cases" (July 5, 2005);
- The Ministry of Public Security's "Notice on Issues Concerning the Implementation of the 'Compensation Law' by Public Security Organs" (February 13, 1995);
- The Ministry of Justice's "Measures for Administrative and Criminal Compensation by Judicial Administrative Organs" (September 8, 1995);
- The State Administration for Industry and Commerce's "Implementation Measures for Administrative Compensation by Administrative Organs of Industry and Commerce" (August 1, 1995),
- The General Administration of Customs's "Measures for Administrative Compensation by Customs Administrative Organs of the People's Republic of China" (March 24, 2003),
- The Civil Aviation Administration of China's "Measures for Administrative Compensation by Civil Aviation Administrative Organs" (January 12, 2006), etc.
To accurately understand the principles and interrelationships of the State Compensation Law and its provisions, and to correctly apply them in judicial practice and administrative law enforcement practice, representatives from the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Justice, the Ministry of Public Security, as well as scholars and practitioners, have combined the State Compensation Law and its provisions based on years of judicial practice and theoretical research. They have jointly written this book, "New Interpretations and Explanations of the State Compensation Law and Its provisions," which is part of the "Series of New Interpretations and Explanations of Socialist Market Economy Laws." This book comprehensively summarizes the latest achievements in judicial practice and theoretical research since the promulgation and implementation of the State Compensation Law. It is the latest work in China today that systematically studies and explains this law and its provisions. It is hoped that this book can serve as the necessary guidance, reference, and reference for judicial workers, administrative law enforcement personnel, and lawyers to correctly apply the law, as well as for citizens and legal persons to correctly safeguard their legitimate rights and interests.