(Rule of Law) The Supreme Court Issues a Judicial Interpretation on the Limitation of Requests for Judicial Compensation
Xinhua News Agency, Beijing, May 24 (Reporter Qi Qi) The Supreme People’s Court issued the “Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the Time Limitation System for Trial of Judicial Compensation Cases” on the 24th, which fully protects the legal rights of compensation claimants and unifies the time limit for claims Understanding and application of regulations. This interpretation will come into effect on June 1, 2023.
According to reports, the judicial interpretation has a total of thirteen articles, the main contents of which include the rules for the commencement of the statute of limitations for criminal compensation claims, the rules for the commencement of the statute of limitations for non-criminal judicial compensation claims, and the rules for deduction of the special period of the statute of limitations for claims. The above clauses are based on the reality of judicial compensation, fully consider whether there are factual and legal obstacles when the claimant applies for compensation, reasonably determine the starting date of the statute of limitations, and clarify that the compensation committee of the people’s court shall not take the initiative to apply the statute of limitations when hearing state compensation cases, which solves some existing problems. Difficult issues in the application of law in disputes, and earnestly put “fairness and efficiency” into practice.
“There have been different opinions on whether the limitation period for judicial compensation claims is a substantive limitation period or a procedural period for prosecution.” The person in charge of the Compensation Committee Office of the Supreme People’s Court introduced that after in-depth research and extensive solicitation of opinions from all parties A consensus has been reached on the issue, and it is generally believed that the statute of limitations for judicial compensation claims is essentially the statute of limitations for litigation. After the expiration of the statute of limitations, the rights of compensation claimants are not protected by law, but the rights of compensation claimants are not extinguished. Accordingly, the judicial interpretation stipulates that “after the time limit for requesting compensation has expired and the agency with compensation obligations agrees to or makes compensation, and then raises a defense or requests the claimant to return the compensation on the grounds that the time limit for request has expired, the Compensation Committee of the People’s Court shall not support it. .”
On the basis of clarifying that the statute of limitations is essentially the statute of limitations, the judicial interpretation stipulates that the agency obliged to make compensation has the right to defend against the statute of limitations, that is, “when the statute of limitations expires, the agency obliged to compensate may raise a defense of not paying compensation.” However, if the agency obliged to make compensation expresses its agreement to make compensation or has already made compensation after the expiration of the limitation period, and later raises a defense or demands that the compensation claimant return the compensation on the grounds that the limitation period has expired, the Compensation Committee of the People’s Court will not support it. (over)