Interpretations of the Supreme People's Court on Several Issues Concerning Application of the State Compensation Law of the People's Republic of China (I)

Fa Shi [2011] No. 4

February 28, 2011

The Interpretations of the Supreme People's Court on Some Issues Concerning Application of the State Compensation Law of the People's Republic of China (I), which were adopted at the 1511th meeting of the Judicial Committee of the Supreme People's Court on February 14, 2011, are hereby promulgated and shall come into effect on March 18, 2011.

Interpretations of the Supreme People's Court on Some Issues Concerning Application of the State Compensation Law of the People's Republic of China (I)

(Adopted at the 1511th meeting of the Judicial Committee of the Supreme People's Court on February 14, 2011)

For the purposes of correctly implementing the State Compensation Law of the People's Republic of China, which was amended at the 14th meeting of the Standing Committee of the Eleventh National People's Congress on April 29, 2010, issues concerning application of the State Compensations Law to hearing of State Compensation cases by the people's courts are hereby interpreted as follows:

Article 1 The amended State Compensations Law shall apply to acts of state organs and their functionaries that infringe upon the legitimate rights and interests of citizens, legal persons or other organizations during their exercise of powers and that occur after December 1, 2010 or that occur prior to December 1, 2010 and last until and after December 1, 2010.

Article 2 With respect to acts of state organs and their functionaries that infringe upon the legitimate rights and interests of citizens, legal persons or other organizations during their exercise of powers and that occur prior to December 1, 2010, the State Compensations Law not amended shall apply, provided that under the following circumstance, the amended State Compensations Law shall apply:
1. The claims for compensations filed by a claimant has been accepted prior to December 1, 2010 but no effective compensation decisions have been made; or
2. The claimant files an application for compensations after December 1, 2010.

Article 3 A people's court shall continue hearing cases concerning determination of State Compensations that have been accepted prior to December 1, 2010 but are pending.

Article 4 Where a citizen, legal person or any other organization who objects to an effective legal instrument that was issued by an investigative, procuratorate or judicial organ or a police station or administrative authority of prisons prior to December 1, 2010 and that rejected to confirm an act of duty illegal, and fails to file a petition in accordance with the State Compensations Law not amended and to obtain a decision on infringement by a competent authority, directly file an application for compensations with the compensation commission of the people's court, such application shall not be accepted.

Article 5 Where a citizen, legal person or any other organization objects to and file a petition against a compensation decision that became legally effective prior to December 1, 2010, the State Compensations Law not amended shall be applied by the people's court in the hearing thereof, provided that the petition is filed for the compensation items and criteria added by the amended State Compensations Law, the people's court will not accept such petition.

Article 6 Where a people's court discovers during review that there is indeed an error in a confirmation ruling or compensation decision which became legally effective prior to December 1, 2010 and that needs to be tried anew, the State Compensations Law not amended shall apply thereto.

Article 7 Where a claimant considers that an investigative, procuratorate or judicial organ or a police station or administrative authority of prisons is under any of the circumstances set out in Item 1, 2 or 3 of Article 17 or Article 18 of the amended State Compensations Law, it shall file compensation claims upon termination of the criminal litigation procedures, except under any of the following circumstances:
1. The claimant has evidence proving that it has no relation to the pending criminal case; or
2. The victim of the criminal case claims for compensations on the ground that its property has not been returned or the property returned to it has been damaged in accordance with Article 198 of the Criminal Procedures Law.

Article 8 Where a claimant considers a people's court is under any of the circumstances set out in Article 38 of the amended State Compensations Law, it shall claim for compensations upon termination of the civil or administrative proceedings or enforcement procedures, unless the people's court has legally revoked the compulsory measures taken against acts of impeding litigations.

Article 9 Where the claimant or the organ responsible for compensations considers that there is indeed an error in a compensation decision rendered by the compensations commission of the people's court and files a petition to the compensations commission of the people's court at the next higher level in accordance with law, enforcement of the compensation decision shall not be suspended, provided that the compensations commission of the people's court decides to review the case in accordance with Article 30 of the amended State Compensations Law, enforcement of the original compensation decision may be suspended.

Article 10 Where a people's procuratorate puts forth opinions in accordance with Item 3 of Article 30 of the amended State Compensations Law on a compensation decision rendered by the compensations commission of the people's court after December 1, 2010, the compensations commission of the people's court at the same level shall decide to review the case and may decide to suspend enforcement of the original compensation decision.

Article 11 The Interpretations shall come into effect on the date of promulgation.