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)
