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China establishes state compensation system: white paper

(Xinhua)

13:47, October 09, 2012

BEIJING, Oct. 9 (Xinhua) -- China has established a state compensation system to compensate citizens, legal persons or other organizations if their lawful rights and interests are damaged by state organs or their functionaries in the course of enforcing their power in accordance with the law, a white paper said Tuesday.

The daily payment for infringement upon a citizen's right to freedom was increased from 17.16 yuan (around 6.5 U.S. dollars) in 1995 to 162.65 yuan in 2012, said the white paper "Judicial Reform in China" issued by the State Council Information Office.

China's State Compensation Law amended in 2010 sets up necessary offices responsible for state compensation, opens up the channels for claiming compensation, expands the compensation scope, specifies the burden of proof, adds compensation for psychological injury, increases the compensation standards, and guarantees the timely payment of compensation. This has further improved the system of administrative compensation, criminal compensation, and non-criminal judicial compensation, said the white paper.

In recent years, the standard of state criminal compensation has been rising along with social and economic development, the white paper said.

In 2011, a total of 6,786 cases concerning administrative compensation (first instance), criminal compensation and non-criminal judicial compensation were concluded by people's courts at all levels. Among them, 868 were criminal compensation cases, with the aggregate amount of compensation standing at 30.67 million yuan, representing increases of 16.04 percent and 42.9 percent respectively as compared with 2009, according to the white paper.

It also said that in recent years, China has been actively exploring ways to establish an assistance system for crime victims. The government will provide appropriate financial support to crime victims who are not able to get effective and timely compensation, live in poverty and particularly to those violent crime victims who are severely injured, disabled or dead or to their immediate family members.

The assistance standard and scope for crime victims shall be set in the light of the local economic and social conditions. The crime victim assistance work should be done in combination with related measures, such as legal assistance, judicial assistance and social security, improving the guarantee system for the rights and interests of crime victims, it said.

From 2009 to 2011, the judicial authorities issued assistance funds worth a total of 350 million yuan to 25,996 crime victims, and provided legal assistance in 11,593 cases, according to the white paper.

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