Laws and Justice

China Marks 30th Anniversary of State Compensation Law

Main image to the post China Marks 30th Anniversary of State Compensation Law

This year, China celebrates three decades since the promulgation of the State Compensation Law, underscoring a crucial step towards human rights protection and the rule of law within the country. Established in 1994, the law aims to uphold the rights of individuals, legal entities, and organizations while ensuring that state organs carry out their functions in accordance with the law. Since its inception, Chinese courts have handled a substantial number of state compensation cases, including those of Huugjilt and Nie Shubin, which shed light on wrongful convictions and emphasized the importance of respecting human rights and exercising power judiciously.

Liu Fei, a professor at the China University of Political Science and Law, highlighted that these state compensation cases serve as a reminder for government agencies and their officials to prioritize human rights protection and prudent use of authority to prevent similar injustices. Additionally, the State Compensation Law extends its coverage beyond personal liberties to include property rights, offering compensation to those who have suffered infringement in alignment with legal provisions. Ma Huaide, president of the China University of Political Science and Law, acknowledged the positive impact of the law on China's political, social, and legal landscapes, citing widespread societal recognition of its efficacy.

With continuous enhancements and amendments over the years, the State Compensation Law has evolved to better address the needs of victims and reinforce the principles of legal governance in China. Efforts such as increasing compensatory payments for personal liberty violations and issuing judicial interpretations demonstrate the commitment to refining the state compensation system. Du Yifang, a law professor at Fudan University, noted that these initiatives have expanded the scope of rights protection, offering victims additional avenues for compensation, including acknowledgment of mental suffering. On the other hand, Zhang Hong of Beijing Normal University emphasized the importance of improved procedural rules in facilitating victims' access to remedies. Despite the progress made, experts like Xue and Zhang believe there is still room for improvement, suggesting broader scopes, fairer procedures, and updated standards to align with contemporary needs. The impending amendment to the State Compensation Law, a part of the 14th National People's Congress legislative plan, reflects ongoing efforts to enhance the effectiveness and relevance of the legislation in safeguarding citizens' rights and promoting accountability within government departments.

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May 21, 2023 | 05:09