The Supreme People's Court has written judicial guidelines,
scheduled to take effect on October 1, that will provide stronger
legal support for citizens who have been wronged by the courts or
administrative offices, the China Youth Daily reported on
Tuesday.
"The explanation is a leap forward in human rights protection
and makes judicial proceedings more democratic," said Chen
Guangzhong, a leading professor of procedural law with China
University of Political Science and Law.
The judicial explanation clarifies the implementation of the
decade-old
State Compensation Law.
The State Compensation Law was enacted in May 1994 and took
effect at the beginning of 1995. State compensation includes both
compensation for administrative errors and wrongful judicial
action.
The law says that individuals, corporations and other
organizations have the right to claim compensation from the state
when their legal rights and interests have been violated by
administrative or judicial agencies misusing their functions and
powers.
However, legislative loopholes have made it difficult for
victims to claim compensation.
For example, the law says a claimant should first go to the
agency that allegedly committed the wrongdoing to confirm whether
their rights have violated and whether they deserve
compensation.
"Such a procedure involves a conflict of interest because it
asks violators of the law to determine themselves whether they have
broken the law," Chen said.
The guide newly issued by the Supreme People's Court shifts that
responsibility to higher levels of the organization.
It has also introduces a hearing procedure into the process.
"This is a sign of great progress to ensure the rights of victims,"
Chen said, adding that participation of all parties involved will
help the courts make more equitable decisions.
Amendment of the State Compensation Law has been listed on the
five-year legislative agenda of the country's top legislature, the
Standing Committee of the 10th National People's Congress.
Procedures will be established to determine validity of
compensation claims.
Some analysts have said that legislators should expand
compensation coverage, increase compensation amounts and improve
procedures so that the victims receive adequate and prompt
redress.
Courts nationwide had handled 15,867 state compensation claims
by the end of last year, according to the Supreme People's
Court.
(China Daily August 11, 2004)