China simplifies procedures for those seeking state compensation

Updated: 2012-02-11 09:14


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BEIJING - The Supreme People's Court, the nation's top court, unveiled a judicial explanation Friday to simplify registration procedures for eligible claimants who have had their rights infringed upon by the state.

The 11-article explanation, to be effective on February 15, 2012, requires courts to date claimants' applications and abandon lengthy application standards in a bid to ensure their cases are handled in a timely fashion.

China adopted amendments to the State Compensation Law on April 30, 2010. The amendments, which took effect on December 1, 2010, allow a citizen to seek state compensation if his interests are harmed through state negligence.

In the previous law, state compensation would only be granted when state organs violated the law, excluding cases of negligence.

Zhang Gang, a lawyer at the Beijing-based law firm Haodong, said in an interview on April 30, 2010 that state negligence is a major defense for administrative and judicial organs to deny liability and prevent victims from obtaining compensation.

Many lawyers in China say state compensation cases are difficult because of complicated procedures. In 2009, Chinese courts dealt with 1,840 such cases, of which less than one third received compensation.