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How to calculate the statute of limitations for state compensation claims in July 2023? The Supreme

 二维码 27
发表时间:2023-07-27 06:02

On May 24, 2023, 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 Judicial Compensation Cases" (Fa Shi [2023] No. 2, referred to as the "Explanation of the Time Limitation"). It will come into force on June 1, 2023.

The "State Compensation Law of the People's Republic of China" came into effect on January 1, 1995, which stipulates that the time limit for compensation claimants to request state compensation is two years.

The person in charge of the Office of the Compensation Committee of the Supreme People's Court stated that the provisions of the National Compensation Law on the statute of limitations for claims are relative principles. When the State Compensation Law was revised in 2010, due to the abolition of the pre-procedures for the confirmation of state compensation, the starting standard of the limitation period was changed from "calculated from the date when the power act was confirmed as illegal" to "since the knowledge or should know that the power act violated the law." It is calculated from the date of its personal rights and property rights", which increases the complexity of the calculation of the limitation of claims.

In practice, there have been different opinions for a long time on issues such as whether the limitation of claims is the limitation of action or the time limit for prosecution, whether the compensation committee of the people's court can take the initiative to apply the limitation of claims, and the legal effect of the expiration of the limitation period of claims. Nowadays, with the continuous development of the national compensation trial work, theoretical research and trial practice have become more abundant, and a consensus has gradually been formed on issues related to the limitation of claims.

The "Explanation on the Limitation of Claims" clearly states that the limitation period for a compensation claimant to file a claim for compensation with the agency obliged to compensate is two years, counting from the date when he knows or should know that the behavior of the state agency and its staff in exercising their powers violates their personal rights and property rights . If the claimant is aware of the above-mentioned infringement, if the relevant litigation or enforcement procedure has not yet ended, the limitation period for the claim shall be calculated from the date of the conclusion of the litigation or enforcement procedure, unless otherwise specified in this Interpretation.

The above-mentioned person in charge pointed out that the "Explanation on the Limitation of Claims" adheres to the people-centered principle, fully pays attention to the relatively weak position of the compensation claimant in the state compensation case, and fully considers whether the compensation claimant has the right to exercise or not when specifying the starting date of the limitation of claims in various situations. Factual and legal obstacles to rights, to avoid premature calculation of the statute of limitations and improper restrictions on the legitimate rights and interests of compensation claimants.

First of all, considering the connection between the state compensation procedure and the litigation procedure and enforcement procedure, it is clear that the time limit for request is "calculated from the date of termination of the relevant litigation procedure or enforcement procedure" as the principle, and the compensation claimant should first seek relief through the relevant litigation or enforcement procedure. right.

Secondly, when specifying the starting date of the statute of limitations, the "Interpretation of the Limitation of Requests" stipulates that the compensation claimant shall be calculated from the date on which the claimant receives the legal documents on the termination of the criminal, civil or administrative proceedings or the execution procedures, rather than the relevant legal documents issued by the judiciary. day. Such provisions are conducive to guiding the judiciary to do a good job in the service of legal documents in strict accordance with the law, and to effectively protect the right to know of compensation claimants.

Thirdly, regarding the failure of the case-handling agency to make a legal document terminating the investigation of criminal responsibility, the termination of the criminal procedure or the execution procedure, although the limitation period for the request has not started to count, the compensation claimant may follow the "Supreme People's Court and the Supreme People's Procuratorate's Regulations on Handling Criminal Compensation Cases" According to the relevant provisions of the Interpretation on Several Issues concerning the Application of Law, the people's court shall accept the application for compensation according to the law, and fully protect the claimant's right to claim compensation.

Finally, since the State Compensation Law does not stipulate the system of interruption of the statute of limitations, after seeking the opinions of the Legislative Affairs Committee of the Standing Committee of the National People's Congress, according to the provisions of the State Compensation Law that "the period of personal freedom restricted such as detention is not counted", the "Explanation of the Limitation of Requests" Specifically stipulates the special period deduction rules for the limitation of claims, making it clear that the period during which the compensation claimant claims rights or seeks relief through other legal procedures is not counted in the limitation period of the claim, so that it is consistent with the nature of state compensation as the final relief procedure and ensures that compensation The legitimate rights and interests of the petitioner are effectively protected.

The statute of limitations system is also related to the rights and obligations of the organ with compensation obligations. On the basis of clarifying that the statute of limitations is the statute of limitations in nature, the "Explanation of the Limitation of Claims" 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 time limit for claiming expires, and later raises a defense or demands that the compensation claimant return the compensation on the grounds that the time limit for claiming has expired, the Compensation Committee of the People’s Court will not support it.

In addition, regarding the time for the organ obliged to make compensation to file a defense, the "Explanation on the Limitation of Request" stipulates that "it should be filed before the Compensation Committee of the People's Court makes a decision on state compensation." The Compensation Committee of the People's Court shall not support the appeal.

Attachment: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Limitation System for Claims in the Trial of Judicial Compensation Cases

(Adopted at the 1883rd meeting of the Judicial Committee of the Supreme People's Court on April 3, 2023, and will come into force on June 1, 2023)

In order to correctly apply the provisions of the statute of limitations for state compensation claims and protect the legitimate rights and interests of compensation claimants, this Interpretation is formulated in accordance with the provisions of the "State Compensation Law of the People's Republic of China" and in light of the practice of judicial compensation trials.

Article 1 The limitation period for a compensation claimant to submit a compensation claim to the compensation obligatory agency is two years, counting from the date when he knows or should know that the behavior of the state agency and its staff in exercising their powers violates their personal rights and property rights.

If the claimant is aware of the above-mentioned infringement, if the relevant litigation or enforcement procedure has not yet ended, the limitation period for the claim shall be calculated from the date of the conclusion of the litigation or enforcement procedure, unless otherwise specified in this Interpretation.

Article 2 If the compensation claimant applies for compensation in accordance with the provisions of Item 1, Item 2, and Item 3 of Article 17 of the National Compensation Law on the grounds that personal rights have been violated, the limitation period for the request shall be from the date of receipt of the decision to withdraw the case and terminate the investigation. , non-prosecution, acquittal, and other legal documents that terminate the investigation of criminal responsibility or amend acquittal in retrial.

Where the case-handling agency has not issued a legal document to terminate the investigation of criminal responsibility, but it meets the conditions 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, and the compensation claimant applies for compensation, it shall be accepted according to law .

Article 3 If the compensation claimant applies for compensation in accordance with the provisions of Items 4 and 5 of Article 17 of the State Compensation Law on the grounds that personal rights have been violated, the limitation period for the claim shall be calculated from the date when the claimant knows or should know the result of the damage; If the result cannot be determined at that time, it shall be calculated from the date when the damage result is determined.

Article 4 Where the compensation claimant applies for compensation in accordance with the provisions of Article 18, Item 1 of the National Compensation Law on the grounds that property rights have been violated, the limitation period for the claim shall be calculated from the date of receipt of the legal document terminating the criminal procedure or execution procedure. However, if the case-handling agency has not yet finished disposing of the property involved after the conclusion of the criminal procedure or enforcement procedure, the statute of limitations period shall be calculated from the day when the compensation claimant knows or should know that his property rights have been violated.

Where the case-handling agency has not issued a legal document terminating the criminal procedure or the execution procedure, but complies with the circumstances specified in Article 3 of the Interpretations 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, and the compensation claimant applies for compensation, It should be accepted according to law.

Where the compensation claimant applies for compensation in accordance with the provisions of Article 18, Item 2 of the National Compensation Law on the grounds that property rights have been violated, the limitation period for the request shall be calculated from the date when the compensation claimant receives the effective retrial criminal judgment document.

Article 5 Where the compensation claimant applies for compensation in accordance with Article 38 of the State Compensation Law on the grounds that personal rights or property rights have been violated, the claim shall be issued within the limitation period since the compensation claimant receives the legal document terminating the civil or administrative proceedings or execution procedures. shall be counted from the date of , except for the following circumstances:

(1) Where compulsory measures such as fines and detention have been revoked according to law, the limitation period for the claim shall be calculated from the date when the compensation claimant receives the revocation decision;

(2) In the course of civil or administrative litigation, if there is assault, abuse, or instigation and indulgence of others to assault, abuse, etc., as well as illegal use of weapons and police equipment, causing personal injury to citizens, the calculation of the limitation period shall be governed by Article 3 of this Interpretation. provisions of the article.

If the people's court has not issued a legal document terminating the civil or administrative procedure or the execution procedure, the limitation period for the claim shall be calculated from the date when the compensation claimant knows or should know that his personal rights or property rights have been violated.

Article 6 In accordance with the first paragraph of Article 39 of the National Compensation Law, the period during which the claimant for compensation is detained or restricted in personal freedom shall not be counted in the limitation period of the claim.

The period during which the compensation claimant applies to the relevant authority for confirmation of the violation of the authority or seeks relief in accordance with the procedures stipulated by laws and regulations shall not be counted in the limitation period of the request, except that the relevant authority has clearly informed the compensation claimant that it should apply for state compensation in accordance with the law.

Article 7 According to the second paragraph of Article 39 of the National Compensation Law, within the last six months of the limitation period, if the compensation claimant is unable to exercise the right to claim due to one of the following obstacles, the limitation period shall be suspended:

(1) force majeure;

(2) The person without capacity for civil conduct or the person with limited capacity for civil conduct has no legal representative, or the legal representative dies, loses capacity for civil conduct, or loses the power of agency;

(3) Other obstacles that prevent the exercise of the right to request.

The limitation period for claims shall expire six months after the date of removal of the cause for the suspension of the limitation period.

Article 8 When the limitation period for claims has expired, the agency obliged to make compensation may raise a defense of not making compensation.

After the limitation period of the claim expires, and the agency obliged to make compensation agrees to or pays compensation, and then raises a defense or demands that the compensation claimant return the compensation on the grounds that the limitation period of the claim has expired, the Compensation Committee of the People's Court will not support it.

Article 9 Where the compensation-obligatory organ makes a defense on the grounds that the limitation period for the claim has expired, it shall raise the claim before the compensation committee of the people's court makes a decision on state compensation.

Where the compensation-obligatory organ fails to file a defense in accordance with the provisions of the preceding paragraph, and appeals on the grounds that the limitation period for the request has expired, the Compensation Committee of the People's Court shall not support it.

Article 10 The compensation committees of the people's courts shall not take the initiative to apply the statute of limitation for claims when hearing state compensation cases.

Article 11 The day when the statute of limitations period begins to be counted is not counted, and it is counted from the next day.

The limitation period of a request is calculated according to the year and month, and the corresponding day of the expiry month is the last day of the period; if there is no corresponding day, the last day of the month is the last day of the period.

If the last day of the limitation period is a statutory holiday, the day following the end of the statutory holiday shall be the last day of the period.

Article 12 This Interpretation shall come into force on June 1, 2023. After the implementation of this Interpretation, if the case is still under trial, this Interpretation shall apply; this Interpretation shall not apply to the retrial of a case where an effective compensation decision has been made before the implementation of this Interpretation.

Article 13 If the judicial interpretation previously issued by this court is inconsistent with this interpretation, this interpretation shall prevail.