This year marks the 30th anniversary of the promulgation of the National Compensation Law. Over the past 30 years, the national compensation system has been continuously improved, and the work of national compensation has effectively protected the legitimate rights and interests of the people, effectively promoting the exercise of powers by state organs in accordance with the law. The National Compensation Law is an important law that implements the principles of constitutional respect and protection of human rights. On May 12, 1994, the 7th meeting of the 8th Standing Committee of the National People's Congress passed the National Compensation Law. Since January 1995, political and legal organs at all levels have lawfully accepted applications for national compensation. In 2010 and 2012, the National Compensation Law was revised twice, making the compensation process smoother, the scope of compensation wider, and the payment of expenses more secure. Since the 18th National Congress of the Communist Party of China, political and legal organs at all levels have effectively respected and protected human rights. A number of major criminal wrongful cases have been corrected in accordance with the law, and compensation claimants have been compensated in accordance with the law. Compensation shall be made in accordance with the law. According to data from the Supreme People's Court, courts across the country have tried 318000 cases of state compensation, including administrative compensation, in the past 30 years. The daily compensation standard for violating personal freedom has increased from 17.76 yuan in 1995 to 436.89 yuan in 2023. Over the past 30 years, the regulatory system for the application of national compensation laws has been increasingly improved. The Supreme People's Court, the Supreme Procuratorate, the Ministry of Public Security, and the Ministry of Justice have formulated and improved a series of judicial interpretations and normative documents on national compensation, and have issued nearly a hundred guiding and typical cases. The "Two Highs" have issued judicial interpretations to include "suspected crimes and hanging" cases in the scope of national compensation review, clarifying that parties to cases that have not reached a conclusion in accordance with the law under specific circumstances such as bail pending trial and residential surveillance have the right to receive national compensation. The Supreme People's Court and the Ministry of Justice jointly issued opinions to facilitate the claims of disadvantaged groups and clarify the recognition rules for compensation by prison management agencies. The Standing Committee of the National People's Congress, the Legal Work Committee, the "Two Highs" and other departments have established a joint conference mechanism for national compensation to ensure the unified implementation of laws; Establish communication mechanisms between political and legal organs at all levels and financial departments to timely distribute compensation; The relevant departments actively solve difficulties and provide guarantees for the parties involved in wrongful cases, and help them better return to society... "Promoting the lawful exercise of powers by state organs" is an important purpose of formulating and implementing the National Compensation Law. In recent years, various political and legal organs have taken multiple measures to reduce the occurrence of compensation cases from the source. Ma Huaide, President of China University of Political Science and Law, stated that the National Compensation Law clarifies the scope of infringement and liability, establishes a system of recovery and accountability, and forms an effective mechanism for regulating and supervising administrative and judicial powers. The national compensation work has become an important force in promoting the lawful exercise of public power by state organs, and has made positive contributions to achieving fair, honest, and efficient law enforcement and justice, and maintaining the authority of the Constitution and laws. It is reported that amending the National Compensation Law has been included in the legislative plan of the 14th National People's Congress Standing Committee. Professor Xue Gangling from the Law School of South China Normal University believes that the scope of state compensation can be further expanded, the procedures can be more simple and fair, and the standards can continue to be raised. With the development and improvement of the national compensation system, its human rights protection function will become more prominent, and it will also further promote the modernization of national governance. (Lai Xin She)
Edit：He Chuanning Responsible editor：Su Suiyue
Source：Xinhua
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