China Justice Observer


EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

SPC Issues Interpretation on Judicial Compensation Execution

Mon, 07 Mar 2022
Categories: China Legal Trends

On 8 Feb. 2022, China’s Supreme People’s Court (SPC) issued the “Interpretation on Several Issues Concerning Application of Law in Trials of Compensation Execution-Related Cases” (hereinafter “the Interpretation”, 关于审理涉执行司法赔偿案件适用法律若干问题的解释), which took effect on March 1, 2022.

The Interpretation mainly touches upon the issue of state compensation to the victims after the court has made mistakes in the enforcement of judgments and other legal instruments.

The Interpretation will provide an avenue of remedy and relief for parties who have been damaged by court enforcement.

The Interpretation, composed of 20 articles, regulates the filing of judicial compensation-related cases, remedy procedures, the identification of compensation and execution liability, the scope and standard of compensation for damages, etc.

The Interpretation applies to cases where the people’s courts, in the process of executing judgments, rulings, and other legal instruments, erroneously take enforcement measures including property investigation, control, disposal, delivery, and distribution or compulsory measures like fines and detention, violating the legitimate rights and interests of citizens, legal persons or other organizations and causing damage, and the victims may apply for compensation in accordance with the provisions of Article 38 of the State Compensation Law.



Cover Photo by Sifan Liu on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

Related laws on China Laws Portal

You might also like

SPC Publishes Typical Cases on Public Security Crimes

In April 2024, China's Supreme People's Court (SPC) released five typical cases illustrating crimes against public security, emphasizing clarifications on trial criteria and sentencing principles, featuring a case involving serious injuries from objects thrown off a high-rise building.

Beijing Court Upholds Workers' Right to Offline Rest

The Beijing No. 3 Intermediate People's Court ruled that workers are entitled to overtime pay for “invisible overtime work” conducted via social media outside of working hours, protecting their right to “offline rest”.

China Revises State Secrets Protection Law

China’s national legislature, the National People’s Congress, revised the State Secrets Protection Law to enhance information classification, secrecy in technological innovation, and precise protection of state secrets, effective May 1, 2024.