China's top legislature reviews Law on State Compensation

China's top legislature has reviewed a draft amendment to the Law on State Compensation. Before entering the third review Tuesday morning, the draft underwent several modifications.

The current Law on State Compensation stipulates victims need to obtain confirmation of tort from certain governmental bodies to enter restitution procedures. The draft amendment cancelled this prerequisite. A scholar who took part in the composition of the draft highlights the modification.

Ma Huaide, Vice president of China Uni. of Political Science & Law, said, "You can imagine no one would like to admit mistakes and take responsibilities. Therefore, the confirmation of tort is like asking a tiger for its skin."

In June, the second review of the draft took mental loss into consideration. Ma Huaide says it represents the fundamentals of the Law.

Ma Huaide said, "The tort of a state usually features compulsory deprivation of freedom or processions, which leads to tremendous mental losses. So compensation is not only necessary, but should also be timely. "

Another highlight of the amendment is the cancellation of a clause proving government transgressions as a precondition of restitution.

The draft amendment grants supervising power to the procuratorate, enabling it to monitor restitution decisions made by lower-level courts.