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)
