On Judicial Compensation for Procedural Illegalities in Civil Judgments
The State Compensation Law of the People's Republic of China stipulates provisions for administrative compensation and criminal compensation,as well as very limited civil judicial compensation.The legal theories and legislative practices regarding state compensation advocate that civil illegal judgments shall bear corresponding legal responsibilities.However,in civil litigation,many illegal judgments made by people's courts and judicial staff are not covered by the civil judicial compensation.It does not align with the realities of China to include all civil illegal judgments within the application scope of the state compensation.Nevertheless,situations where civil judgment procedures are violated,or economic losses are inflicted upon the parties should be incorporated into the application scope of China's civil judicial compensation.This not only embodies rationality and fairness but also holds great practical significance for the improvement of China's civil judicial compensation system.
state compensation lawprocedural illegalities in civil judgmentscivil judicial compensation
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