The Supreme People's Court has issued a directive listing 14
compensable illegal judicial actions. Individuals, companies and
other organizations that believe they have been injured because of
judicial misconduct may appeal to a superior court for compensation
from the state.
The listed items mainly pertain to improper detention, such as
prolonged custody and failure to cancel an arrest order when
evidence is insufficient; and mistreatment of property, including
excessive fines, freezing or seizing legal property irrelevant to
the case, improper protection of seized property and forced sale of
property that should be auctioned.
Appeals must be filed within two years of the alleged
violation.
An unnamed Supreme People's Court official admitted that types
of judicial misconduct other than those appearing on the list
exist; however, application of the compensation rule should be
carefully applied to protect both the applicants and the people's
courts.
The judicial directive will go into effect on October 1.
(Xinhua News Agency September 3, 2004)
