Provisions of the Supreme People's Court on Several Issues concerning the State Compensation Supervision Procedures

· Document Number：Interpretation No. 9 [2017] of the Supreme People's Court

· Area of Law： State Compensation

· Level of Authority： Judicial Interpretation

· Date issued：04-20-2017

· Effective Date：05-01-2017

· Status： Effective

· Issuing Authority： Supreme People's Court

Announcement of the Supreme People's Court of China
The Provisions of the Supreme People's Court on Several Issues concerning the State Compensation Supervision Procedures, as adopted at the 1,711th Session of the Judicial Committee of the Supreme People's Court on February 27, 2017, is hereby issued and shall come into force on May 1, 2017.
Supreme People's Court
April 20, 2017
Provisions of the Supreme People's Court on Several Issues concerning the State Compensation Supervision Procedures
(Interpretation No. 9 [2017]of the Supreme People's Court, deliberated and adopted at 1,711st Session of the Judicial Committee of the Supreme People's Court on February 27, 2017, and coming into force on May 1, 2017)
In order to guarantee the rights to petition of compensation claimants and organs obligated to make compensation, and regulate the state compensation supervision procedures, these Provisions are developed in accordance with the State Compensation Law of the People's Republic of China and the relevant legal provisions and in light of the actual circumstances of state compensation.
Article 1 In accordance with the provisions of Article 30 of the State Compensation Law, any of the following circumstances shall be handled according to these Provisions:
(1) A compensation claimant or an organ obligated to make compensation deems that the effective decision made by a compensation committee is erroneous indeed, and petitions to the compensation committee of the people's court at the next higher level.
(2) An effective decision of a compensation committee violates the provisions of the State Compensation Law, and the case is retried upon the decision of the president of this court or the order of the people's court at the next higher level, or the people's court at the next higher level decides to directly try the case.
(3) The Supreme People's Procuratorate finds that any effective decision made by the compensation committee of a people's court at any level, or a people's court at a higher level finds that any effective decision made by the compensation committee of a people's court at a lower level, violates the provisions of the State Compensation Law, and the Supreme People's Court or the people's court at a higher level puts forward a reexamination opinion to the compensation committee of the people's court at the same level.
The supervision of the trial of an administrative compensation case shall be governed by the relevant provisions of the Administrative Litigation Law.
Article 2 Where a compensation claimant or an organ obligated to make compensation deems that the effective decision made by a compensation committee is erroneous indeed, it may petition to the compensation committee of the people's court at the next higher level. During the review of the petition, the enforcement of the effective decision shall not be ceased.
Article 3 In case that the compensation claimant dies or his or her subject qualification terminates after the decision made by a compensation committee takes effect,,the successor to his or her rights and obligations may petition in accordance with the law.
When a compensation claimant dies, and there are multiple successors in the same order that have the right of succession in accordance with the law, if one successor or some of them petition, the petition shall have effect on all successors; however, if one successor or some of them apply for withdrawing the petition or abandoning the compensation claim, such application shall have no effect on other successors who do not make it clear that they withdraw the petition or abandon the compensation claim.
Where an organ obligated to make compensation is cancelled or its powers are modified, the organ that succeeds to such powers may petition in accordance with the law.
Article 4 A compensation claimant or the statutory agent thereof may authorize one or two persons to petition as agents. The scope of petition agents includes:
(1) lawyers or basic-level legal service workers;
(2) the close relatives or staff members of the compensation claimant; and
(3) the citizens recommended by the communities, entities or relevant social groups where the compensation claimant works.
An organ obligated to make compensation may authorize one or two of the relevant staff members, legal counsels or lawyers of this organ to petition on its behalf.
Article 5 A compensation claimant or an organ obligated to make compensation shall, when filing a petition, submit the following materials:
(1) Written petition. A written petition shall specify the basic information of the petitioner and the respondent, the statutory causes of the petition, and the specific request, facts and the reasons thereof. If it is truly difficult to write a written petition, an oral petition may be filed and shall be recorded by the people's court in transcripts.
(2) Identity certificate and authorization document. Where a compensation claimant petitions, a natural person shall submit his or her identity certificate, and a legal person or any other organization shall submit the business license, the organization code certificate, theidentity certificate of the legal representative or primary person in charge; or where an organ obligated to make compensation petitions, it shall submit the identity certificate of the legal representative or primary person in charge; or any other person is authorized to petition, the letter of authorization and the identity certificate of the agent shall be submitted.
(3) Legal instruments, that is, the written decisions made by the organ obligated to make compensation, the reconsideration organ or the compensation committee, and other legal instruments.
(4) Other relevant materials. If the petition is filed on the grounds that there is new evidence proving that the fact finding in the original decision is erroneous indeed, the relevant evidence materials shall be submitted at the same time.
Where the petition materials fail to comply with the provisions of the preceding paragraph, the people's court shallgive the petitioner a one-time notice of all the contents to be supplemented and corrected and thetime limit for making supplements and corrections. The time limit for making supplements and corrections shall be generally 15 days and may not exceed one month. Where the petitioner refuses to supplement or correct necessary materials or fails to make supplements or corrections within the prescribed time limit, the petition materials shall not be examined. The time of receipt of the petition materials shall be counted from the date when the people's court receives thematerials supplemented or corrected.
Article 6 Where a petition meets the following conditions, a people's court shall file the case within seven days as of receipt of the petition materials:
(1) The petitioner has the subject qualification as prescribed by these Provisions.
(2) The people's court that accepts the petition is the people's court at the next higher level of the people's court that makes the effective decision.
(3) The materials submitted meet the requirements of Article 5 of these Provisions.
Where the petition fails to comply with the aforesaid provisions, the people's court shall not accept it and inform the petitioner in a timely manner.
Article 7 Where a compensation claimant or an organ obligated to make compensation petitions under any of the following circumstances, the people's court shall not accept the petition:
(1) The petitioner files a petition again after the compensation committee dismisses the original one.
(2) The compensation claimant refuses to accept the decision rendered by the people's court as the organ obligated to make compensation, and fails to apply for making a compensation decision to the compensation committee of the people's court at the next higher level within the statutory time limit, and directly petitions to the compensation committee of the people's court after the decision made by the organ obligated to make compensation comes into force.
(3) The compensation claimant or the organ obligated to make compensation refuses to accept the decision made by the compensation committee of the people's court of the Supreme People's Court, and files a petition.
(4)The compensation claimant fails to apply for reconsideration of the decision made by an organ performing investigation and prosecution, a competent organ of detention centers or a prison administrative organ, to the organ at the next higher level within the statutory time limit; or the reconsideration organ fails to make a decision within the prescribed time limit after an application for reconsideration is filed; or, though the reconsideration organ has made a reconsideration decision, the compensation claimant fails to apply for making a compensation decision to the compensation committee of the people's court at the same level at the place where the reconsideration organ is located within the statutory time limit, but instead directly petitions to the compensation committee of the people's court after the decision made by the organ obligated to make compensation or the reconsideration organ comes into force.
Article 8 A compensation committee shall examine a petition case that has been filed and accepted primarily around the causes of the petition filed by the petitioner; and shall, where necessary, conduct a comprehensive examination of the fact finding, the evidence and the application of law in the original decision.
Article 9 Where a compensation committee examines a petition case in the form of written examination, it shall listen to the statements and defenses of the petitioner and the respondent as needed.
Article 10 A compensation committee that examines a petition case shall generally handle it within three months and no later than six months after the petition is filed. Where the time limit needs to be extended under special circumstances, it shall be subject to approval of the president of this court.
Article 11 Under any of the following circumstances, a retrial decision shall be made:
(1)There is any new evidence which suffices to reverse the original decision.
(2)The basic fact finding in the original decision is not evidenced.
(3) The primary evidence for the fact finding in the original decision is forged.
(4)The application of law in the original decision is erroneous indeed.
(5) The original decision omits the compensation claim, and indeed violates the provisions of the State Compensation Law.
(6)The legal instrument based on which the original decision is made has been revoked or modified.
(7)In trying the case, a judge commits embezzlement, accepts bribes, practices favoritism, makes falsification, or adjudicates by perverting the law.
(8) The original trial procedures violate legal provisions, which may affect the impartial trial of the case.
Article 12 Where a petitioner provides any new evidence at the petition stage, he or she shall explain the reasons for failing to provide the evidence within a prescribed time limit.
Where the new evidence provided by the petitioner can prove the error in basic fact finding or handling results in the original decision, it shall be deemed the circumstance as prescribed in item (1) of Article 11 of these Provisions.
Article 13 Upon examination, a compensation committee shall handle the petition filed by a petitioner respectively according to the following circumstances:
(1)Where the grounds for retrial claimed by the petitioner are tenable, and meet the petition conditions as prescribed in the State Compensation Law and these Provisions, a retrial decision shall be made. Retrial shall include the direct trial by the compensation committee of the people's court at the next higher level or the retrial of the case by the compensation committee of the original people's court upon order.
(2) Where the grounds for the retrial claimed by the petitioner are untenable or fail to comply with the petition conditions as prescribed in the State Compensation Law and these Provisions, the petition shall be dismissed in writing.
(3) Where the original decision on not accepting or dismissing the compensation application is erroneous, the original decision shall be set aside, and the compensation committee of the original people's court shall be ordered to try the case in accordance with the law.
Article 14 Where the president of a people's court finds that any effective decision made by the compensation committee of this court violates the provisions of the State Compensation Law, and deems it necessary to retry the case, it shall submit the case to the Judicial Committee for discussion and decision.
Where the Supreme People's Court finds that any effective decision made by the compensation committee of a people's court at any level, or a people's court at a higher level finds that any effective decision made by the compensation committee of a people's court at a lower level, violates the provisions of the State Compensation Law, the Supreme People's Court or the people's court at a higher level shall have the power to directly try the case or order the people's court at a lower level to retry the case.
Article 15 Where the Supreme People's Procuratorate has, concerning an effective decision made by the compensation committee of a people's court at any level, or a people's court at a higher level has, concerning an effective decision made by the compensation committee of a local people's court at a lower level, put forward the reexamination opinion to the compensation committee of the people's court at the same level, the compensation committee of the people's court at the same level shall decide to directly try the case, and serve the written decision upon the people's procuratorate that puts forward the opinion.
Article 16 Where a compensation committee retries a case, the provisions of the State Compensation Law and the relevant judicial interpretations on the trial procedures of the compensation committee shall apply. Where there are any special provisions on retrial procedures in these Provisions on the basis of the State Compensation Law and relevant laws, these Provisions shall apply.
When retrying a case, the compensation committee of the original people's court shall designate new judges.
Article 17 Where a decision on retrying a case is made, the enforcement of the original decision may be suspended according to the circumstances of the case.
Article 18 A compensation committee shall retry a case in the manner of written hearing, and, if necessary, may make investigation and gather evidence from the relevant entities and personnel, and listen to the statements and defenses of the petitioner and the respondent or the compensation claimant and the organ obligated to make compensation. Under the circumstance of item (1) or (3) of Article 11 of these Provisions, or when the compensation committee deems it truly necessary, the petitioner and the respondent or the compensation claimant and the organ obligated to make compensation may be organized to conduct public cross-examination.
For a case on which a people's procuratorate puts forward an opinion, the compensation committee shall, when organizing a public cross-examination, notify the people's procuratorate that puts forward the opinionto assign personnel to appear in court.
Article 19 When retrying a case, a compensation committee shall conduct a comprehensive trial of the fact finding, the evidence and the application of law in the original decision.
Article 20 For a case retried by a compensation committee, a decision shall be made in accordance with the law within two months.
Article 21 After being retried, a case shall be handled respectively according to the following circumstances:
(1)Where the original decision is clear in fact finding and correct in application of law, the original decision shall be affirmed.
(2) Where the results of the decision are correct, though the original decision is defective in fact finding or application of law, the decision shall be affirmed after its defects are corrected.
(3) Where the original decision is erroneous in fact finding or application of law, resulting in the error of the results of the decision, the decision shall be set aside or modified or a new decision shall be made.
(4) Where the original decision, in violation of the provisions of the State Compensation Law, handles substantially any compensation application that fails to meet the case acceptance conditions, the original decision shall be set aside, and the compensation application shall be dismissed.
(5)Where an agreement is reached between the petitioner and the respondent or between the compensation claimant and the organ obligated to make compensation, the compensation committee shall, after conducting examination and making confirmation in accordance with the law, set aside the original decision, and make a new decision according to the agreement.
Article 22 A decision made by a compensation committee after it retries the case shall be served upon the petitioner and the respondent or the compensation claimant and the organ obligated to make compensation, and the people's procuratorate that puts forward the opinion in a timely manner.
Article 23 Where a case falls under any of the following circumstances during the petition examination or retrial, the compensation committee shall decide to suspend the examination or retrial:
(1) The petitioner or the respondent, or the compensation claimant or the organ obligated to make compensation dies or terminates, and the successor to the rights and obligations thereof has not been determined.
(2) The petitioner or the respondent, or the compensation claimant or the organ obligated to make compensation has lost his or her capacity for conduct, and his or her statutory agent has not been determined.
(3) For an acquittal case, the people's court decides to hold a retrial or the people's procuratorate initiates an appeal under the trial supervision procedures.
(4) The petitioner or the respondent, or the compensation claimant or the organ obligated to make compensation is unable to participate in the handling of the case within the statutory time limit for any force majeure.
(5) Any other circumstance under which the examination or trial shall be suspended.
After the cause of suspension of trial disappears, the compensation committee shall resume examination or trial in a timely manner, and notify the compensation claimant and the respondent, or the compensation claimant and the organ obligated to make compensation and the people's procuratorate that puts forward the opinion.
Article 24 Where a case falls under any of the following circumstances during the petition examination, the compensation committee shall decide to terminate the examination:
(1) The petitioner dies or terminates, and there is no successor to the rights and obligations of the petitioner or the successor to the rights and obligations of the petitioner issues a statement to give up the petition.
(2)The decision on case withdrawal, the decision on non-prosecution or the acquittal based on which the compensation claimant applies for compensation is set aside.
(3)Any other circumstance under which the examination shall be terminated.
Where, during the retrial, the case falls under any of the aforesaid circumstances or the people's procuratorate withdraws its opinion, the compensation committee shall decide to terminate the trial.
Article 25 Where a petitioner applies for the withdrawal of a petition during petition examination or retrial, the compensation committee shall conduct examination and make a decision of approval or disapproval in accordance with the law.
Where, after the compensation committee approves the withdrawal of the petition, the petitionermakes a repeated petition, such petition shall not be accepted, except where the petition falls under the circumstance of item (1), (3), (6) or (7) of Article 11 of these Provisions, and the petitioner files the petition within six months since it or he knows or should have known the circumstance.
Article 26 Where a compensation claimant applies for withdrawing the compensation application during the retrial of the case, the compensation committee shall conduct examination and make a decision on approval or disapproval in accordance with the law. Where the withdrawal of the compensation application is approved, the original decision shall also be set aside.
Where, after the decision of the compensation committee to approve the withdrawal of a compensation application is served, the compensation claimantmakes a repeated application for state compensation, such application shall not be accepted.
Article 27 These Provisions shall come into force on May 1, 2017. For any discrepancies between these Provisions and the judicial interpretations and regulatory documents previously issued by the Supreme People's Court, these Provisions shall prevail.