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| Opinions of the Supreme People's Court on Further Strengthening the Work on State Compensation for Miscarriages of Justice in Criminal Cases | | 最高人民法院关于进一步加强刑事冤错案件国家赔偿工作的意见 |
| (No. 12 [2015] of the Supreme People's Court) | | （法〔2015〕12号） |
| For purposes of further enhancing the quality and efficiency of the work on state compensation for miscarriages of justice in criminal cases, effectively strengthening the judicial protection of human rights, and promoting the exercise of the powers of state organs and their staff members in accordance with the law, the following opinions are hereby offered based on the actual work in accordance with the State Compensation Law of the People's Republic of China. | | 为进一步提升刑事冤错案件国家赔偿工作质效，切实加强人权司法保护，促进国家机关及其工作人员依法行使职权，根据《中华人民共和国国家赔偿法》，结合工作实际，提出如下意见。 |
| I. Adhering to statutory compensation: The people's courts at all levels shall, by conscientiously implementing the spirit of the 18th National Congress of the Communist Party of China (CPC) and the Third and Fourth Plenary Sessions of the 18th Central Committee of the CPC and closely centering on the objective of “making people experience fairness and justice in each judicial case” as set by the General Secretary Xi Jinping, effectively conduct the work on state compensation for miscarriages of justice in criminal cases. The people's courts at all levels shall adhere to the principle of statutory compensation, and abide by the requirements of statutory functions and powers, statutory scope, legal procedures and statutory standards, to properly handle state compensation disputes arising from miscarriages of justice in criminal cases in a timely manner according to the law. The people's courts at all levels shall adhere to the principle of openness and impartiality, handle cases in strict accordance with the law, standardize work processes, strengthen judicial transparency, and consciously accept supervision. The people's courts at all levels shall adhere to the principle of people-oriented justice, continuously innovate on and improve their working mechanisms, and extend the state compensation functions. | | 一、坚持依法赔偿。各级人民法院要认真贯彻落实党的十八大和十八届三中、四中全会精神，紧紧围绕习近平总书记提出的“努力让人民群众在每一个司法案件中都感受到公平正义”的目标，认真做好刑事冤错案件的国家赔偿工作。要坚持依法赔偿原则，恪守职权法定、范围法定、程序法定和标准法定的要求，依法、及时、妥善地处理刑事冤错案件引发的国家赔偿纠纷。坚持公开公正原则，严格依法办案，规范工作流程，加强司法公开，自觉接受监督。坚持司法为民原则，不断创新和完善工作机制，延伸国家赔偿工作职能。 |
| II. Effectively connecting the trial of criminal cases and state compensation: The people's courts at all levels shall establish and improve an internal connection mechanism for judgments of acquittal regarding miscarriages of justice in criminal cases and the work on state compensation, and ensure that they move forward the gateway of the work, conduct joint consultation, and provide responses in advance. For a case intended for acquittal that is likely to lead to state compensation, the criminal trial (including trial supervision) department of the court shall notify the court's institution handling state compensation cases in a timely manner before the sentence is announced, the institution handling state compensation cases shall prepare a work plan for compensation in a timely manner after receiving the notice, and when necessary, shall effectively prepare an overall work plan jointly with the criminal trial department. For a party that is acquitted in a retrial and is lawfully entitled to apply for state compensation, when announcing the sentence, the people's court shall, in accordance with the provisions of the judicial interpretation on the Criminal Procedure Law, inform the party of being lawfully entitled to apply for state compensation after the sentence takes effect. | | 二、做好刑事审判与国家赔偿的衔接。各级人民法院要建立健全刑事冤错案件宣告无罪与国家赔偿工作的内部衔接机制，做到关口前移、联合会商、提前应对。对于拟宣告无罪并可能引发国家赔偿的案件，刑事审判（含审判监督）部门要在宣判前及时通知本院国家赔偿办案机构，国家赔偿办案机构接到通知后要及时形成赔偿工作预案，必要时要共同做好整体工作方案。对再审改判宣告无罪并依法享有申请国家赔偿权利的当事人，人民法院要在宣判的同时依照刑事诉讼法司法解释的规定告知其在判决发生法律效力后有依法申请国家赔偿的权利。 |
III. Strengthening the protection of compensation claimants' right to apply for compensation and the legal interpretations thereto: The people's courts at all levels shall adhere to examining and handling state compensation disputes arising from miscarriages of justice in criminal cases by the rule-of-law concept and means, and practically safeguard claimants' right to apply for compensation in according with the law. The people's courts at all levels shall effectively docket cases in accordance with the law, accurately understand the statutory conditions for docketing cases, keep channels for claims for compensation unimpeded, and shall not replace the standards of docketing cases for trial with the substantive trial standards. The people's courts at all levels shall conscientiously implement the Notice of the Supreme People's Court and the Ministry of Justice on Issuing the Opinions on Strengthening Legal Aid in State Compensation Cases, and effectively facilitate the filing of applications for compensation by compensation claimants who have financial difficulties. Various claims for rights filed by compensation claimants shall be taken into serious consideration, and compensation claimants shall be guided in reasonably claiming for compensation in according with the law. Where it is found that any claim for compensation is obviously beyond the scope prescribed by law or any compensation claimant does not file a claim for compensation that should be paid in accordance with the law, the people's court shall provide explanations in a timely manner in accordance with the law.
．．．．．． | | 三、加强对赔偿请求人的诉权保护和法律释明。各级人民法院要坚持以法治思维、法治方式审查处理刑事冤错案件引发的国家赔偿纠纷，切实依法保障赔偿请求人申请赔偿的权利。要依法做好立案工作，准确把握立案的法定条件，畅通求偿渠道，不得以实体审理标准代替立案审查标准。要认真贯彻执行《最高人民法院、司法部关于加强国家赔偿法律援助工作的意见》，切实为经济困难的赔偿请求人申请赔偿提供便利。要认真对待赔偿请求人提出的各项权利诉求，引导其依法、理性求偿，发现赔偿请求明显超出法律规定的范围或者依法应当赔偿而赔偿请求人没有主张的，人民法院要依法、及时予以释明。
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