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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

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