Top court issues interpretation to regulate judicial compensation execution

(english.court.gov.cn)      Updated : 2022-02-10

The Supreme People's Court (SPC) issued a judicial interpretation on laws applicable to trials of compensation execution-related cases on Feb 8. It will take effect on March 1, 2022.

Based on the state compensation law, the interpretation takes into consideration both the practical situation of trials and execution of state compensation cases and provides standards for the application of laws in such cases.

Since the 18th CPC National Congress, the people's court system has focused on the construction of the standard execution system, effectively restrained and regulated execution power, and made significant achievements in execution of court orders. Meanwhile, new situations have evolved and people's expectations for rights protection have been continuously raised. Therefore, the SPC issued the interpretation to better demonstrate social fairness and justice and strengthen judicial protection of human rights.

The interpretation is composed of 20 articles which specifiy the requirements for investigation and filing of judicial compensation-related cases, alignment of compensation, remedy and supervision procedures, the identification of compensation liability, and the scope and standard of compensation for damages. Aiming to solve difficulties and pain points that have long hindered state compensation trials, the promulgation of the interpretation will play an important role in the fair and timely trial of cases involving judicial compensation, fully protecting the legitimate rights and interests of compensation claimants, and promoting standardized and orderly execution work in the people's courts.