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Strengthen human rights protection and establish fairness and justice

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This year marks the 30th anniversary of the promulgation of my country’s National Compensation Law. On May 12, 1994, the Seventh Session of the Standing Committee of the Eighth National People's Congress passed the State Compensation Law of the People's Republic of China, which came into effect on January 1, 1995. As China's legal construction continues to advance, governing the country according to law and the country's respect for and protection of human rights have been successively included in the constitution. In 2010 and 2012, the State Compensation Law was revised twice, making the compensation procedures smoother, the scope of compensation wider, and the payment of fees more efficient. The legal basis for protection and rights relief is more solid.

“The promulgation and implementation of the State Compensation Law implements the constitutional principle of respecting and protecting human rights. It protects the legitimate rights and interests of citizens, legal persons and other organizations, promotes state agencies' administration in accordance with the law and fair administration of justice, alleviates social conflicts, maintains social stability, and strengthens equal protection of property rights, etc. In this regard, it has played an irreplaceable and important role.

  Continue to promote the improvement of the national compensation system

In the socialist legal system with Chinese characteristics, the State Compensation Law is a constitution-related law that directly guarantees the implementation of the Constitution. “The State Compensation Law embodies the constitutional spirit of our country's national compensation system that protects citizens' basic rights and respects the rule of law.” The relevant person in charge of the Supreme People's Court Compensation Committee said that the promulgation and implementation of the State Compensation Law is the fulfillment of the solemn promise of the Constitution and an important step in our country's democracy. An important milestone in the construction of the rule of law.

Since the promulgation and implementation of the State Compensation Law, the National People's Congress has revised it twice, and legislative, judicial, and administrative agencies at all levels have also introduced a series of institutional norms. The Supreme Court and the Supreme People's Procuratorate have separately or jointly formulated dozens of judicial interpretations and replies on criminal compensation, administrative compensation, etc., and issued more than 100 case-by-case replies on the application of laws to specific cases. The Ministry of Public Security and the Ministry of Justice have successively formulated and issued procedures for handling state compensation cases. Provide regulations and specific measures to strengthen procedural standardization.

For example, the Supreme People's Court and the Supreme People's Procuratorate jointly issued an interpretation of criminal compensation, insisting that cases of “suspicious guilt” be included in the scope of state compensation review, and clarifying that parties in cases where no conclusions are reached according to law, such as bail pending trial, residential surveillance, etc., cannot obtain state compensation. rights and ensure judicial protection of human rights; the Supreme People's Court and the Ministry of Justice jointly issued guidance on national compensation legal aid to facilitate people in need to seek compensation.

“When the State Compensation Law was enacted, it made comprehensive and systematic provisions on the scope, standards, procedures, and payment of compensation for administrative compensation and judicial compensation. When the State Compensation Law was revised in 2010, a mental damage compensation system was added to improve the personal and property rights of the parties involved. The legal protection of rights and interests has been raised to a new level, and the rights relief function has become more vital and enforceable.

As the comprehensive rule of law continues to advance, the people's demands for the protection of rights are increasing, and their expectations for the modernization of the national governance system and governance capabilities have become stronger. It is understood that further revisions to the State Compensation Law have been included in the five-year legislative plan of the current National People's Congress Standing Committee. After the law is revised, rights remedies will be more powerful, and the improvement of the national compensation system will usher in new historical opportunities.

 Give full play to the rights relief role of the national compensation system

“As a restorative relief mechanism, the state compensation system has an important rights protection function, which greatly strengthens social awareness of rights and provides society with a unique human rights value orientation.” said Xue Gangling, a professor at the Law School of South China Normal University.

According to data from the Supreme People's Court, in the 30 years since the State Compensation Law was promulgated, courts across the country have heard a total of 318,000 state compensation cases. Among them, there were 99,000 judicial compensation cases, with a determined compensation amount of 7.535 billion yuan.

“The court insists on making compensation in accordance with the law, paying compensation when it is due, and fully redressing the personal rights and property rights of the claimant who have been infringed.” The relevant person in charge of the Supreme People's Court Compensation Committee introduced that She Xianglin, Zhao Zuohai, Zhang's nephew, Hugjiletu, A number of criminal compensation cases of public concern, such as Nie Shubin and Zhang Yuhuan, were redressed with the rule of law and justice was used to soothe people's hearts; a number of property-related compensation cases such as Shenyang Beipeng Company were properly tried to strengthen equal protection of property rights and promote optimized business operations environment.

“Judicial agencies at all levels have resolutely safeguarded judicial authority, overcame numerous difficulties, and effectively handled a large number of state compensation disputes.” Ma Huaide said that a large number of people whose rights and interests were damaged have received state compensation relief and spiritual comfort, and more people have faced abuses against their legitimate rights and interests. With regard to the problem of infringement, we can realize that we can protect our own rights and interests through the State Compensation Law, and form a legal awareness of rights protection and relief based on the express provisions of the law and relying on the State Compensation Trial, which plays a role in improving judicial credibility and safeguarding social fairness and justice. It plays a positive role and also lays an important ideological foundation for the legal governance of society.

According to reports, since 2013, political and legal agencies at all levels have handled a total of 100,400 judicial compensation cases. Compared with 1995, the number of state compensation cases accepted in 2023 has increased by 17.55 times, and the daily compensation standard for infringement of personal freedom has increased from 17.76 yuan to 436.89 yuan. The rights relief role of the state compensation system has been fully exerted.

 Promote continuous improvement of law enforcement standards and supervision effectiveness

While fully protecting the legitimate rights and interests of the public, the State Compensation Law also has another main purpose of “promoting the exercise of powers by state agencies in accordance with the law.” By clarifying the scope of infringement and liability, it provides for a system of recovery and accountability, and forms a standardization and supervision of administrative and judicial powers. effective mechanism.

“From the Hugjile pattern and Nie Shubin cases to the Wu Chunhong case and the Luzhou Technology Company case, the scope of state compensation covers the protection of citizens' rights to life, personal freedom and property rights. And these cases are more like a wake-up call, requiring state agencies and their staff to respond Uphold the respect and protection of human rights, exercise powers prudently in accordance with the law, and avoid the recurrence of tragedies.

Since the promulgation and implementation of the State Compensation Law, judicial organs at all levels, while insisting on handling cases in accordance with the law, have also reviewed the deficiencies in the operation of public power in reverse and issued white papers on administrative trials, white papers on state compensation, and judicial recommendations to deal with violations of laws in law enforcement and justice. Follow up and supervise the exercise of powers. State agencies promptly launched measures to investigate and pursue accountability. While providing relief rights, they also used disciplinary sanctions to effectively correct and deal with a number of illegal acts and responsible personnel that harmed the interests of the masses.

Ma Huaide believes that through the external supervision of state compensation, the awareness of self-supervision, self-correction and self-restraint of state agencies has been enhanced, so that legal behaviors can be maintained and guaranteed, and illegal behaviors can be promptly corrected and punished. The work of state compensation has become an important driving force for promoting the exercise of public power by state agencies in accordance with the law, and has made positive contributions to the realization of fair, honest and efficient law enforcement and justice, and the maintenance of the legal authority of the Constitution.

State compensation cases have strong political sensitivity, high social attention, and long litigation chains. While adhering to the principle of “compensation when compensation is due”, we must also pay close attention to the management of the source of compensation. All political and legal agencies have proactively performed their duties and taken multiple measures to reduce the occurrence of compensation cases from the source. According to statistics, before the 18th National Congress of the Communist Party of China, on average, for every 15,000 cases received by courts across the country, one case was subject to state liability for compensation due to front-end violations or errors. After the 18th National Congress of the Communist Party of China, this dropped to 1 case for every 34,000 cases received. cases of compensation from the state.

It is understood that under the initiative of the Supreme Court, the Legal Affairs Committee of the Standing Committee of the National People's Congress, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice, and the Ministry of Finance jointly established a national compensation joint meeting mechanism, and later invited the Ministry of Civil Affairs and the Ministry of Human Resources and Social Security Participate in ensuring uniform implementation of laws through communication among member units. Political and legal agencies at all levels and financial departments have established a sound communication mechanism to pay compensation in a timely manner, allowing fairness and justice to reach the “last mile”. In order to help victims of unjust cases smoothly return to society, state agencies proactively perform their duties, assist in solving specific difficulties, provide long-term guarantees, open up the minds of the parties involved, and strive to make the people feel fairness and justice in every judicial case.

“People's Daily” (Page 11, May 15, 2024)

#Strengthen #human #rights #protection #establish #fairness #justice

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