Fa Shi [2023] No. 2
supreme people 's court
On the Application of Limitation of Claim System in the Trial of Judicial Compensation Cases
Interpretation of some issues
(Adopted at the 1883rd Meeting of the Judicial Committee of the Supreme People's Court on April 3, 2023, and effective as of June 1, 2023)
This interpretation is formulated in accordance with the provisions of the State Compensation Law of the People's Republic of China and in combination with judicial compensation trial practice in order to correctly apply the provisions of the limitation system of state compensation claims and protect the legitimate rights and interests of the claimant.
Article 1 The limitation period for the claimant to make a claim for compensation to the organ under compensatory obligations is two years, counting from the date when he knows or should know that the act of the State organ and its staff members in exercising their functions and powers infringes on his personal rights and property rights.
If the relevant proceedings or enforcement procedures have not been concluded when the claimant for compensation knows of the above-mentioned infringement, the limitation period for claims shall be calculated from the date of the termination of the proceedings or enforcement procedures, except as otherwise provided in this interpretation.
Article 2 Where a claimant applies for compensation in accordance with the provisions of paragraph 1, 2 or 3 of Article 17 of the State Compensation Law on the ground that his personal rights have been violated, the limitation period for claims shall be calculated from the date when he receives the legal documents that decide to cancel the case, terminate the investigation, refuse to prosecute, or make a verdict of acquittal and terminate the investigation of criminal responsibility or make a retrial to change the verdict of innocence.
The case handling organ has not made a legal document to terminate the investigation of criminal responsibility, but it is in line with the situation specified in Article 2 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Compensation Cases. If the compensation claimant applies for compensation, it shall be accepted according to law.
Article 3 Where a claimant applies for compensation in accordance with the provisions of paragraphs 4 and 5 of Article 17 of the State Compensation Law on the ground that his personal rights have been infringed, the limitation period for claims shall be calculated from the date when he knows or should know the result of the damage; If the result of the damage cannot be determined at that time, it shall be calculated from the date when the result of the damage is determined.
Article 4 Where a claimant applies for compensation in accordance with the provisions of Paragraph 1 of Article 18 of the State Compensation Law on the ground that his property rights have been infringed, the limitation period for claims shall be calculated from the date when he receives the legal documents that conclude the criminal proceedings or the execution procedures, but after the conclusion of the criminal proceedings or the execution procedures, the case handling organ has not yet completed the handling of the property involved in the case, The limitation period for claims shall be counted from the date when the claimant for compensation knew or should have known that his property rights had been infringed.
The case handling organ has not made a legal document for the termination of the criminal procedure or the execution procedure, but it complies with the situation specified in Article 3 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Compensation Cases. If the compensation claimant applies for compensation, it shall be accepted according to law.
If the claimant applies for compensation in accordance with Paragraph 2 of Article 18 of the State Compensation Law on the ground that his property rights have been infringed, the limitation period of claim shall be calculated from the date when the claimant receives the effective retrial criminal judgment document.
Article 5 Where a claimant applies for compensation in accordance with Article 38 of the State Compensation Law on the ground that his personal rights or property rights have been infringed, the limitation period for claims shall be calculated from the date on which the claimant receives the legal documents ending the civil or administrative proceedings or the execution procedures, except for the following circumstances:
（1） If compulsory measures such as fines and detentions have been revoked according to law, the limitation period for claims shall be calculated from the date when the claimant receives the revocation decision;
（2） If, in the course of civil or administrative proceedings, there are acts of beating, maltreating, or instigating or indulging others to beat, maltreat, etc., as well as the illegal use of weapons and police equipment, resulting in personal injury to citizens, the provisions of Article 3 of this Interpretation shall apply to the calculation of the limitation period of claims.
If the people's court has not made legal documents for the conclusion of civil or administrative proceedings or enforcement procedures, the limitation period for claims shall be calculated from the date on which the claimant knows or should know that his personal or property rights have been infringed.
Article 6 According to the provisions of the first paragraph of Article 39 of the State Compensation Law, the period of limitation of personal freedom such as detention of the claimant for compensation shall not be counted into the limitation period of claims.
The period during which the claimant for compensation applies to the relevant authorities for confirmation of illegal acts of authority or seeks relief in accordance with the procedures prescribed by laws and regulations shall not be included in the limitation period of claims, except that the relevant authorities have clearly informed the claimant for compensation that he should apply for state compensation in accordance with the law.
Article 7 According to the provisions of the second paragraph of Article 39 of the State Compensation Law, if the claimant for compensation is unable to exercise his right of claim due to one of the following obstacles within the last six months of the limitation period for claims, the limitation period for claims shall be suspended:
（1） Force majeure;
（2） A person without or with limited capacity for civil conduct does not have a legal representative, or the legal representative dies, loses capacity for civil conduct, or loses the power of agency;
（3） Other obstacles that lead to the inability to exercise the right of claim.
The limitation period for claims shall expire at the expiration of six months from the date when the reason for suspending the limitation period is eliminated.
Article 8 If the limitation period for claims expires, the organ under compensatory obligations may raise a defense against compensation.
The compensation committee of the people's court shall not support the case where, after the limitation period for claims expires, the organ under compensatory obligations agrees to make compensation or make compensation, and then raises a defense or demands the claimant to return compensation on the ground that the limitation period for claims expires.
Article 9 The organ under compensatory obligations shall raise a defense on the ground that the limitation period for claims has expired before the compensation committee of the people's court makes a decision on state compensation.
If the organ liable for compensation fails to raise a defense in accordance with the provisions of the preceding paragraph and appeals on the ground that the limitation period of the claim expires, the compensation committee of the people's court shall not support it.
Article 10 The compensation committee of the people's court shall not apply the prescription of claims on its own initiative when trying a case of state compensation.
Article 11 The day when the limitation period of the request starts is not counted, but is counted from the next day.
The request limitation period is calculated by year and month, and the corresponding date of the expiration month is the last day of the period; If there is no corresponding day, the end of the month is the last day of the period.
If the last day of the limitation period for claims is a statutory holiday, the day after the end of the statutory holiday shall be the last day of the period.
Article 12 This interpretation shall come into force as of June 1, 2023. If a case is still pending after the implementation of these Interpretations, these Interpretations shall apply; This interpretation shall not apply to the retrial of cases for which effective compensation decisions have been made before the implementation of this interpretation.
Article 13 If the judicial interpretation previously issued by the Court is inconsistent with this interpretation, this interpretation shall prevail.