State Compensation Paid in Guangdong 1998-2009
The Supreme People's Court and the Supreme People's Procurator (Prosecutor) have announced increases in the rate of compensation for persons whose rights are violated by Government. As the Guangdong Province graph above shows citizens can have success in claims against government for rights violations. The new rates became effective in May 2016. Courts are instructed to award compensation per day of deprivation of liberty, etc. Violation of personal rights, bodily injury, emotional harm, and property damage are recognized.
| Guangdong High Court Yearbook - various years |
The Supreme People's Court and the Supreme People's Procurator (Prosecutor) have announced increases in the rate of compensation for persons whose rights are violated by Government. As the Guangdong Province graph above shows citizens can have success in claims against government for rights violations. The new rates became effective in May 2016. Courts are instructed to award compensation per day of deprivation of liberty, etc. Violation of personal rights, bodily injury, emotional harm, and property damage are recognized.
Migrant workers are particularly vulnerable to police or other official misconduct. Although the old reeducation system "劳教" has been repealed Chinese law still permits detention for investigation.
- George Conk 教授 and 刘达奇, LLM
Unlike the U.S. where complete prosecutorial immunity is the rule, in China a tort remedy is provided by the State Compensation Law. Originally passed in 1994 it was strengthened by the 2010 Amendments.
In December 2015 the Supreme People's Court and the Supreme People's Procurator (Prosecutor) issued an " Explanation regarding several questions regarding the handling of cases of compensation for criminal injustice". The joint document announces its purpose in Article 1:
Article 1 Explanation of the regulations setting the limits of compensation for a one who claims compensation because of a criminal investigation, prosecution, trial , detention, or imprisonment by government which violated the personal rights, property rights for which application is made under the State Compensation Law , under the circumstances stated in Articles 17 and 18 of the State Compensation Law.The regulations - as is common in Chinese law - advise courts to award compensation for disability and detention not on an individualized basis but rather on the average wage in the region, as well as other factors.
- George Conk 教授 and 刘达奇, LLM
h/t Susan Finder - Supreme Peoples Court Monitor
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