The New State Compensation Law Shall Be Implemented &Nbsp Today; The Prosecution Will Be Responsible For Supervising The Decision Of Compensation.

　　 The revised "State Compensation Law" has been formally implemented. The Supreme People's Procuratorate issued the "Regulations on state compensation work of the people's Procuratorate" recently (hereinafter referred to as the "Regulations"), and clarified the supervisory responsibilities of the procuratorial organs for the decisions of the court compensation committee. Yesterday, the Chengdu Commercial Daily reporter learned from the provincial Procuratorate, the procuratorates at all levels have received the "Regulations" and will make corresponding adjustments to their work and personnel arrangements.

    
        
            
        
    

New special chapter provides the right to supervise compensation

The former state compensation law does not stipulate the supervision power of the procuratorial organs on the state compensation procedure. Although the Supreme Procuratorate has issued regulations requiring all levels of procuratorial organs to supervise the state compensation, the internal regulations are difficult to constrain other state organs, and the supervision is not enough. Generally speaking, the decision made by the court compensation committee is "final decision", and the protection of the applicant is relatively weak.

According to the revised state compensation law and administrative procedure law, the Procuratorate's legal supervision on state compensation includes two aspects: first, the supervision of the criminal compensation decision made by the court compensation commission and the decision of non criminal judicial compensation; and the two one is the supervision of administrative compensation litigation. According to the relevant personages of the provincial inspection, the regulations stipulate special rules for the supervision of compensation, including the acceptance and registration of compensation cases, the way of examination and so on.

In addition, due to the cancellation of the confirmation procedure of the State Compensation Law and the change of the scope of compensation, the regulations have correspondingly adjusted the filing conditions of the procuratorial organs. In case of compensation for the right to life and health, the case should be filed if there is evidence of injury or death. As to whether it is caused by the illegal handling of procuratorial personnel, it is reviewed and identified in the compensation procedure.

The provisions of the state compensation law have further refined the relevant contents. It is strictly prohibited to use negotiation as a coercion, abuse power in the name of consultation, coercion the parties concerned to waive the claim for compensation, or strictly prohibit the violation of legal provisions for consultation, damage the interests of the state, and make negotiations private.

Judicial explanations such as mental solatium have not yet been promulgated.

The revised state compensation law has made clear for the first time that the applicant for state compensation has the right to obtain mental injury solatium. According to the new law, when the state organs and their staff infringe upon the citizen's personal rights and cause mental damage when exercising their functions and powers, they shall remove the influence, restore their reputation and apologize for the victims in the context of the infringement; if the serious consequences are caused, the corresponding mental injury solatium should be paid. But how to define "serious consequences" and determine the amount of mental injury solatium, the Supreme Court has not yet issued relevant judicial interpretations.

According to the Chengdu Commercial Daily reporter, a number of specific implementation details, including the old and new compensation law, are still being worked out. At present, the courts at all levels are making substantive reorganization of the compensation committee in accordance with the new provisions set out in the revised national compensation law.

Highlights of the revised State Compensation Law

Abolish the premise of "illegal" and make it possible.

No matter whether it is lawful to take the measure of arrest, if there is a case of withdrawal, no prosecution or acquittal of a judgment after the arrest of a citizen, the State shall bear the liability for compensation unless there is a case of exemption.

Cancel confirmation procedure and lower application threshold.

"The claimant shall first make a request to the organ liable for compensation, and the voluntary organ shall make a decision within two months. If a decision is not made in accordance with the statutory time limit or the claimant has an objection to the decision made in compensation, he may apply for reconsideration to the next higher level organ, and if he refuses to accept the reconsideration result, he may apply for compensation to the people's court compensation committee." This provision officially abolished the confirmation procedure, lowered the threshold for applying for state compensation, and simplified the channel of compensation claim from procedure.

Inversion of onus probandi under special circumstances

Once a suspect dies or loses his or her ability, he shall be liable for compensation unless there is evidence to prove that he is not responsible. This provision will help to curb torture, torture and abuse of suspects.

Add procedures to avoid related departments' wrangling

The procedural provisions such as the signing system and time limit provisions of the application have been increased, which will help the victims to realize the right of state compensation more efficiently and quickly, and effectively curb the appearance of mutual excuse between the compensation obligation organ and the handling organ.

Clear the main body of compensation and cancel joint inspection of legal inspection.

The new law stipulates that "the second instance is not guilty of a change of sentence, and the acquittal is handled after the second instance is sent back for retrial, and the people's Court of first instance is guilty of a judgment" is the organ for compensatory obligations. It abolished the stipulation of joint compensation for legal inspection, reduced the liability of the procuratorial organ for compensation, and effectively avoided the phenomenon of "kicking the ball" in the actual compensation of the claimant.