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”, 關(guān)于審理涉執(zhí)行司法賠償案件適用法律若干問(wèn)題的解釋), 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
