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Notice by the Supreme People's Court and the Ministry of Justice of Issuing the Minutes of the Investigation and Research Meeting of Issues concerning Criminal Compensation with Prisons as Organs Liable for Compensation [Effective]
最高人民法院、司法部印发《关于监狱作为赔偿义务机关的刑事赔偿有关问题的调研会议纪要》的通知 [现行有效]
【法宝引证码】

Notice by the Supreme People's Court and the Ministry of Justice of Issuing the Minutes of the Investigation and Research Meeting of Issues concerning Criminal Compensation with Prisons as Organs Liable for Compensation 

最高人民法院、司法部印发《关于监狱作为赔偿义务机关的刑事赔偿有关问题的调研会议纪要》的通知

(No. 290 [2019] of the Supreme People's Court) (法〔2019〕290号)

The higher people's courts, justice departments (bureaus), and prison administrative bureaus of all provinces, autonomous regions, and municipalities directly under the Central Government; the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region; and the Prison Administrative Bureau of Xinjiang Production and Construction Corps: 各省、自治区、直辖市高级人民法院、司法厅(局)、监狱管理局,新疆维吾尔自治区高级人民法院生产建设兵团分院,新疆生产建设兵团监狱管理局:
In order to further implement the State Compensation Law and regulate and guide criminal compensation cases where prisons serve as organs liable for compensation, the Supreme People's Court and the Ministry of Justice have prepared the Minutes of the Investigation and Research Meeting of Issues concerning Criminal Compensation with Prisons as Organs Liable for Compensation, which is hereby issued to you for your compliance and implementation. 为进一步贯彻落实国家赔偿法,对监狱作为赔偿义务机关的刑事赔偿案件进行规范和指导,最高人民法院、司法部制定了《关于监狱作为赔偿义务机关的刑事赔偿有关问题的调研会议纪要》,现印发给你们,请参照执行。
Supreme People's Court 最高人民法院
Ministry of Justice 司法部
December 13, 2019 2019年12月13日
Minutes of the Investigation and Research Meeting of Issues concerning Criminal Compensation with Prisons as Organs Liable for Compensation 关于监狱作为赔偿义务机关的刑事赔偿有关问题的调研会议纪要
Article 17 of the State Compensation Law of the People's Republic of China (hereinafter referred to as the “State Compensation Law”) amended in 2010 incorporates state compensation cases involving prisons into the scope of criminal compensation as set out in the State Compensation Law. In recent years, criminal compensation cases where prisons serve as organs liable for compensation are on the rise in judicial practice and new situations and new problems continue to appear. In order to fully implement the general strategy of law-based governance, further carry out and implement the State Compensation Law, legally safeguard the lawful rights and interests of compensation claimants, promote prisons' legal exercise of functions and powers, give support to prisons in properly performing duties according to the law, and reflect balance in the safeguarding of “powers” and “rights,” jointly with the Ministry of Justice, the Supreme People's Court has carried out special investigation and research of issues concerning criminal compensation with prisons as organs liable for compensation and formed the following minutes of meeting: 2010年修正的国家赔偿法十七条将监狱所涉国家赔偿案件纳入国家赔偿法刑事赔偿范围。近年来,司法实践中监狱作为赔偿义务机关的刑事赔偿案件日益增多,新情况、新问题不断显现。为全面落实依法治国的总方略,进一步贯彻实施国家赔偿法,依法保障赔偿请求人的合法权益,促进监狱依法行使职权,同时支持监狱依法正当履职,体现权力与权利的保障平衡,最高人民法院会同司法部联合开展了涉及监狱作为赔偿义务机关的刑事赔偿有关问题的专题调研,并形成会议纪要如下:
I. The prisons and prison administrative organs at all levels shall insist on making compensation according to the law. For an application for compensation raised by the compensation claimant on the ground that the prison and its staff members perform functions and powers in violation of law, an examination shall be made in accordance with the provisions of the State Compensation Law. Where the application for compensation meets the conditions for acceptance, such application shall be accepted according to the law and a written decision on compensation or reconsideration shall be prepared, so as to prevent the handling and settlement of state compensation disputes by any other means rather than the statutory procedure.   一、各级监狱、监狱管理机关要坚持依法赔偿,对于赔偿请求人以监狱及其工作人员违法行使职权为由提出的赔偿申请,应当依照《中华人民共和国国家赔偿法》的规定予以审查,对于符合受理条件的应当依法受理并制作赔偿、复议决定书,防止以法定程序外的形式处理和解决所涉国家赔偿纠纷。
For an application for afterward handling, indemnity, and relief filed by a criminal or his or her relatives on the ground that the prison and its staff members perform functions and powers in violation of law, where such application falls under circumstances as prescribed in the State Compensation Law upon examination, the prisons and prison administrative organs at all levels shall make legal interpretation and guide such criminal or his or her relatives in filing an application for state compensation.
......
 对于罪犯或者其亲属以监狱及其工作人员违法行使职权为由提出的善后、补偿、救助申请,经审查符合国家赔偿法

法小宝

规定情形的,各级监狱、监狱管理机关应当进行法律释明并引导其提出国家赔偿申请。
......

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