Text Version
RSS Feeds
Newsletter
Home Forum Photos Features Newsletter Archive Employment
About US Help Site Map
SEARCH   About US FAQ Site Map Site News
  SERVICES
  -Text Version
  -RSS Feeds
  -Newsletter
  -News Archive
  -Give us feedback
  -Voices of Readers
  -Online community
  -China Biz info
  What's new
 -
 -
Payouts for inmates ensured
+ -
08:36, June 23, 2009

Click the "PLAY" button and listen. Do you like the online audio service here?
Good, I like it
Just so so
I don't like it
No interest
 Related News
 China to take effective measures to ensure detainees' rights
 Comment  Tell A Friend
 Print Format  Save Article
Police and prison officials must compensate the families of detainees who die or are severely injured, or provide proof that the department was not involved, according to a draft amendment to the Law on State Compensation.

The draft, which is under its second review at the 9th session of the Standing Committee of the 11th National People's Congress (NPC), said judicial departments must show the families they were not involved in the death or loss of that person's legal transaction.

Ying Songnian, president of China Administrative Law Research Society, said a person who was in jail is incapable of protecting his or herself.

"So when he or she is injured or dead in detention facilities or prisons, the supervision and management departments must take the liability and compensate the victims unless they can prove the injuries and deaths were self-inflicted," Ying said.

There had been 15 unnatural deaths in custody this year, according to figures released by the Supreme People's Procuratorate (SPP) in April.

The SPP and police departments have begun a five-month review to check the efficiency of detention facilities, but there had been no findings about the cause of deaths or compensation. This draft law, if passed, would not be retrospective.

The draft amendment aims to give more people access to compensation and to provide larger payouts. "Compensation should also be granted to those whose cases are later suspended or judged innocent, even though they have been arrested within legal procedures according to the Criminal Procedure Law," it said.

Under the current law, compensation is calculated according to the average daily salary of a state employee in the previous year. The current average daily income is 112 yuan ($16).

From 2003 to 2007, the country's courts have dealt with 13,000 state compensation cases and granted 180 million yuan in damages.

The current law, implemented in 1994, stipulates that a person is eligible for compensation if his or her rights and interests are infringed upon by administrative agencies or officials, but only when they illegally use their power.

Jiang Ming'an, a professor in administrative law in Peking University, said it had been difficult to define an "illegal action" by administrative agencies or officials.

Source: China Daily



  Your Message:   Most Commented:
India's unwise military moves
China slams Clinton's June 4 comments
13 more bodies from Air France flight 447 recovered
To Be or Not To Be-- reflourishing bicycle in China
Yonhap: DPRK fires short-range missile off east coast

|About Peopledaily.com.cn | Advertise on site | Contact us | Site map | Job offer|
Copyright by People's Daily Online, All Rights Reserved

http://english.people.com.cn/90001/90776/6684014.pdf