国家赔偿追偿比例(guójiā péicháng zhuīcháng bǐlì): State compensation recovery ratio
According to the State Compensation Law, those public employees found guilty of illegal behavior, such as abusing their power or perverting justice, should contribute to the State compensation paid to those that are the victims of their illegal behavior. However, the law does not set any guidelines for the ratio of their liability.
To address this issue, East China's Zhejiang province has introduced a regulation stipulating how much those responsible should contribute to the State compensation payouts.
Zhejiang's regulation is the first local government regulation that stipulates the contribution ratio those found responsible must pay. According to the regulation, those responsible should pay no more than twice the average urban salary in the province last year, consistent with their illegal behavior and the harm they cause.
If the case involves more than two people who are held accountable, their compensation contribution ratios should be determined separately according to the degree of their misconduct, and the overall amount of the compensation they pay should be no more than the total amount of compensation paid by the State.
Zhejiang's regulation, which will come into effect on March 1, is a clear and practical regulation that can be easily implemented in actual practice. In addition, it prevents any abuses of power when dealing with State compensation cases.