China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

China Issues Judicial Interpretation of Administrative Compensation

Tue, 26 Apr 2022
Categories: China Legal Trends

China’s Supreme People’s Court (SPC) issued the judicial interpretation, together with reference cases, concerning the trial of administrative compensation cases, ensuring that aggrieved parties may lodge lawsuits against administrative organs if they are dissatisfied with administrative compensation.

On 21 Mar. 2022, the SPC issued the “Provisions on Several Issues Concerning the Trial of Administrative Compensation Cases” (hereinafter “the Judicial Interpretation of Administrative Compensation”, 关于审理行政赔偿案件若干问题的规定), which shall come into effect on 1 May 2022.

The Judicial Interpretation of Administrative Compensation contains 33 articles.

According to the Interpretation, a compensation claimant may file an administrative compensation lawsuit against the following acts of the administrative organ liable for compensation:

(1)Making the administrative compensation decision to determine the compensation method, item, and amount;

(2) Making the decision not to make compensation;

(3) Making no decision to make compensation within the prescribed time limit; or

(4) Other acts on administrative compensation.

 

 

Cover Photo by vigor poodo on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

Related laws on China Laws Portal

You might also like

ABLI-HCCH webinar: Cross-Border Commercial Dispute Resolution – Electronic Service of Documents and Remote Taking of Evidence (July 10, 2025)

The Asian Business Law Institute (ABLI) and the Hague Conference on Private International Law (HCCH) will host their fourth joint webinar on July 10, 2024 (5:00–6:10 PM SGT), focusing on electronic service of documents and remote taking of evidence under the Service and Evidence Conventions, featuring expert speakers, with an early bird discount available until June 10.

China Tightens Corporate Personal Data Audit Rules

In February 2025, China's Cyberspace Administration issued the "Measures for the Administration of Personal Information Protection Compliance Audits", effective May 1, 2025, mandating regular audits for companies, especially those processing data of over 10 million individuals, to ensure transparency and legality in personal data handling.

SPC Releases Typical Cases on Telecom Fraud Crimes

In February 2025, China's Supreme People's Court (SPC) released eight typical telecom fraud cases, exposing new criminal methods and highlighting intensified judicial efforts after handling 31,000 such cases in 2023.

SPC Targets Cyber Extortion with Typical Cases

In February 2025, China’s Supreme People’s Court (SPC) released six typical cases showcasing its crackdown on emerging cyber extortion crimes, including spreading rumors and sextortion, to encourage victims to seek legal protection.

China Issues New Rules on Foreign-Related IP Disputes

In March 2025, China issued regulations effective May 1, 2025, to enhance dispute resolution, evidence collection, and countermeasures for foreign-related intellectual property disputes, strengthening services and enterprise capabilities.

SPC Issues China’s First Anti-Anti-Suit Injunction (AASI) in IP Case

In December 2024, China’s Supreme People’s Court (SPC) issued its first anti-anti-suit injunction in a patent dispute, Huawei v. Netgear, prohibiting Netgear from obstructing Huawei’s Chinese litigation, marking a significant step in global standard-essential patent governance.

SPC Launches Diversified Dispute Resolution Case Database

In February 2025, China's Supreme People's Court launched a public “Diversified Dispute Resolution Case Database” with over 200 cases, showcasing mediation and arbitration examples across various dispute types to guide alternative dispute resolution.