www射-国产免费一级-欧美福利-亚洲成人福利-成人一区在线观看-亚州成人

   
  home feedback about us  
   
CHINAGATE.OPINION.Legislation    
Agriculture  
Education&HR  
Energy  
Environment  
Finance  
Legislation  
Macro economy  
Population  
Private economy  
SOEs  
Sci-Tech  
Social security  
Telecom  
Trade  
Transportation  
Rural development  
Urban development  
     
     
 
 
Lawyers: Victims deserve more


2003-06-23
China Daily

Legal experts in China have called for the amendment of the nine-year-old Law on State Compensation to guarantee that victims of State infringement actions will be reimbursed for losses.

"The standards set for compensation are too low and are basically compensative instead of punitive," said Ma Huaide, law professor with the Beijing-based China University of Political Science and Law.

The current law, adopted in 1994 and taking effect the following year, only compensates direct losses, including medical fees and loss of earnings during a certain period of time for victims.

When a death occurs due to the illegal activities of a State department, the victim can be compensated a maximum of 20 times the annual average State salary.

Insiders told China Daily that law-makers were not sure how much money would be needed for the payment of compensation claims a decade ago. They worried the expense would be too much of a burden on national coffers.

Ma said it is now widely accepted that "direct losses" should include all unavoidable losses of forecast profits.

Yuan Shuhong, professor with the National School of Administration, said it is important the law has clauses that judicial departments, such as the police, should pay punitive compensation for losses caused by their intentional or major malfeasance.

"State compensation should on the one hand provide a judicial remedy to victims so their rights are protected and on the other hand stop administrative and law enforcement departments from abusing power and engaging in illegal actions," said Yuan.

Statistics from the Supreme People's Court reveal courts across the country handled nearly 9,400 cases of State compensation in the five years between 1996 and 2002. Victims' 36 per cent of these cases won compensation.

"Actually an infringement by a State department leaves deeper and more lasting damage on the minds of victims than infringements by any individual," Ma said, calling for the inclusion of compensation for psychological damage into the law.

It is only in recent years that Chinese legislators and courts have started to consider compensation for mental damage. The Supreme People's Court issued a judicial interpretation in 2001, saying courts can support victims in demanding money for mental damage.

But Ma said a law for compensation cases that are divided into two categories of criminal and administrative still did not exist.

According to the current law, mental damage can only be compensated through apology, restoration of reputation and clearing up of negative effects, noted Ma.

The issue of mental damage in State compensation cases was hotly debated two years ago when Ma Dandan, a beauty salon worker in Northwest China's Shaanxi Province, was illegally interrogated for 23 hours and then wrongly detained for 15 days on charges of prostitution. She asked for compensation of 5 million yuan (US$60,000). She was turned down by a local court and received a tiny compensation of only 74.66 yuan (US$9).

"There is an obvious increase in the awareness of this channel of judicial remedy among the public," noted Ma.  "But if the victims do not get the compensation to which they are entitled, their confidence in the system will be harmed."

 
 
     
  print  
     
  go to forum  
     
     
 
home feedback about us  
  Produced by m.orobotics.cn. All Rights Reserved
E-mail: webmaster@chinagate.com.cn
主站蜘蛛池模板: 日本一级特黄特色大片免费视频 | 亚洲视频在线视频 | 国产精品一久久香蕉国产线看 | 手机在线看片福利 | 亚洲国产成人久久一区久久 | 国产成人99精品免费观看 | 精品久久一区 | 亚洲一一在线 | 97国产大学生情侣11在线视频 | 国产精品视频免费观看调教网 | 97在线公开视频 | 欧美精品专区55页 | 日韩99在线 | 亚洲免费视频一区 | 国产一区二区三区免费大片天美 | 一本久久综合 | 欧美三级在线 | 久久国内视频 | 九色视频在线观看免费 | 一级做a爰片久久毛片唾 | 兔费看全黄三级 | 美国一级毛片oo | 免费一级a毛片在线播放视 免费一级α片在线观看 | 九九夜色 | 国产成人久久综合二区 | 日韩欧美一区二区三区在线 | 久久视频这里只有精品 | 欧美俄罗斯一级毛片 | 一区视频 | 刺激一区仑乱 | 日一区二区 | 精品国产欧美一区二区最新 | 亚洲日韩精品欧美一区二区一 | 日本黄页网站在线观看 | 92国产福利久久青青草原 | 亚洲性欧美 | 理论在线看 | 中国性猛交xxxxx免费看 | 中文偷拍视频在线观看 | 亚洲视频一区二区三区 | 日本加勒比视频在线观看 |