Amendments to the State Compensation Law
0 
|
|
|
Law of the People's Republic of China on State Compensation |
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.? |
? 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:
