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China Establishes Limitation Period for State Compensation in Judicial Cases

Mon, 17 Jul 2023
Categories: China Legal Trends

The limitation period is two years.

On 3 Apr. 2023, China’s Supreme People’s Court (SPC) issued the Interpretation of the Supreme People’s Court on Several Issues concerning the Application of Limitation Period in the Trial of Judicial Compensation Cases (关于审理司法赔偿案件适用请求时效制度若干问题的解释).

According to China’s State Compensation Law (中国国家赔偿法), where judicial organs and their functionaries, that is, a detention center or prison administrative organ or any of its functionaries, which performs the functions of criminal investigation, prosecution, or trial, infringe upon the legitimate rights of citizens in exercise of its functions, the victim shall be entitled to compensation.

According to this judicial interpretation, the limitation period for a victim to file a claim for compensation is two years from the date when the victim knows or should have known that the act taken by a state organ or any of its functionaries in exercise of its or his functions and powers has infringed upon the personal or property right of the victim.

 

 

Photo by Rifath @photoripey on Unsplash  

Contributors: CJO Staff Contributors Team

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