National Compensation Law: Interpretation and Application

Author: Zhang Buhong
Publisher:
Publish Date: 2000-09-01
Features: The "National Compensation Law" took effect on January 1, 1995. However, it is undeniable that a national compensation system already existed in China before the law came into force. After its implementation, state organs previously responsible for fulfilling the duty of national compensation were no longer obligated to do so. The designated compensation authorities often rejected victims' claims on the grounds that the infringement occurred before the law's effectiveness. This book measures whether the state should bear compensation liability using a dual standard. For example, in the case of criminal liability arising from the erroneous imposition of criminal detention, it not only requires the detained person to be innocent but also that the detention act was unlawful. Here, the law adopts a dual classification standard, which is unfavorable to victims obtaining compensation.
In terms of institutional innovation, the "National Compensation Law" did not break the traditional pattern where judicial organs cannot be sued as defendants. However, the establishment of the court compensation committee decision system in the judicial compensation process undoubtedly broke free from the constraints of the principle of corresponding ranks. This has led the judicial compensation process into another confusing loop—whether it is right or wrong—that the court can act as its own judge in its own case. The theoretical basis for this is the alleged lack of responsibility in handling specific matters. Such issues are indeed worth exploring.
This book is part of the "Administrative Law Applied Series." From both its basic content and style, the book focuses more on the actual needs of readers, aiming to solve practical problems from the perspective of current laws.