Supreme: Error executing court judgments citizens can apply for compensation

Jinghua Times News (Reporter Goal Orientation) Recently, the Supreme People’s Court issued a “Supreme People’s Court on the trial of civil and administrative litigation judicial compensation case law applicable to a number of issues” (hereinafter referred to as “interpretation”). “Explanation” to define the people’s court and its staff in civil or administrative procedure implemented in illegal activities, causing serious consequences, shall pay the solatium. “Interpretation” of a total of twenty, 22, shall become effective October 1, 2016.

According to the Supreme responsible person, in addition to administrative compensation, compensation in criminal cases, state compensation cases also include People’s Court as the only organ liable for compensation, the people’s court and the exercise of authority in civil, administrative proceedings and the execution of the program related to compensation case, the so-called “non-criminal judicial compensation cases.” In non-criminal judicial compensation practice trial, the judicial acts are to apply for compensation mainly execution errors and illegal preservation, these two categories accounted for about 60% of cases and 25% of non-criminal judicial compensation cases, respectively, together accounting for non-criminal judicial compensation cases 80% or more.

“Explanation” for the first time provides for non-criminal judicial compensation for mental damages. According to reports, non-criminal judicial compensation for damages to property-based, but the people’s court and its staff in civil or administrative procedure, the violation of civil rights, should also be compensated for personal injury. According to Article 35 of the State Compensation Law stipulates that mental damages applicable to administrative compensation, criminal compensation in case of assault and battery resulting in serious consequences, which are not expressly apply to non-criminal judicial compensation.
According to “explain” provisions, non-criminal judicial compensation cases, the people’s court and the infringement of citizens’ personal rights caused moral damage, it should be in accordance with the provisions of Article 35 of the State Compensation Law, within the scope of the impact of the infringement for victims people to eliminate the impact of rehabilitation, an apology; causing serious consequences, should also pay the solatium.

Related News Supreme norms of non-criminal judicial compensation for the first time a clear mental damages

In civil proceedings, administrative proceedings, the people’s court violated personal rights the parties, the parties may apply for non-criminal judicial compensation, but such compensation for damages to property mainly for mental damages if applicable, the law is not expressly provided.

This situation will change quickly.

September 7, the Supreme issued “Supreme People’s Court on the trial of civil and administrative litigation judicial compensation case law applicable to a number of issues” (hereinafter referred to judicial interpretation), made for a standardized compensation cases related to non-criminal justice legal application and assault and battery was first introduced in the spirit of damages. The judicial interpretation will take effect October 1, 2016 implementation.

Mental damages would apply to non-criminal judicial compensation

Above judicial interpretation stipulates that non-criminal judicial compensation cases, the people’s court and his staff citizens’ personal rights violations caused moral damage, it should be in accordance with the provisions of Article 35 of the State Compensation Law, within the scope of the impact of the infringement, victims eliminate the impact of rehabilitation, an apology; causing serious consequences, it should also pay the solatium.

“Non-criminal judicial compensation for damages to property-based, but the people’s court and its staff in civil or administrative procedure, the violation of civil rights, should also be compensated for personal injury.” Supreme law of compensation Office responsible person, according to relevant laws and regulations, applicable to administrative compensation for moral damage compensation, criminal compensation in case of assault and battery resulting in serious consequences, but did not expressly apply to non-criminal judicial compensation.

The official said, the people’s court and its staff in the implementation of civil and administrative proceedings in the illegal detention, acts of beatings, abuse, violation of civil rights, the consequences of the damage as much as possible the administrative compensation, compensation for damages in the criminal consequences . “As a non-criminal judicial compensation excluded from the terms of compensation for moral damage scope, it will depart from the State Compensation Law respecting and safeguarding human rights legislation mind.”

“Non-criminal judicial compensation generally exhausted other remedies way as a precondition of State liability occurred, the state compensation program is the last relief program usually only proceedings or execution of the program after the end, in order to ultimately determine judicial behavior is illegal, whether the damage results, etc.. “preceding the supreme law of compensation Office responsible for that, as the proceedings or enforcement proceedings apply for state compensation that is not the end, will result in the case of proceedings or execution coexist with national compensation program, the court can not conduct a final review.

Meanwhile, the judicial interpretation also lists five exceptions to the claimant may apply for compensation before the end of the proceedings or the execution of the program.

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