State Compensation of Exonerees in Capital Cases: the Chinese Experience

IF 1.8 4区社会学 Q2 CRIMINOLOGY & PENOLOGY Asian Journal of Criminology Pub Date : 2022-11-05 DOI:10.1007/s11417-022-09387-2

Moulin Xiong, Aoqi Zheng

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Abstract

In 1994, China passed its first State Compensation Law (SCL) for wrongfully convicted individuals who can file claims for loss of life or freedom, physical injury, and property loss due to illegal state actions in administrative and criminal cases. The 2010 amended SCL added mental damage compensation and mandated and prioritized a negotiation procedure. The current study used 144 capital exonerees to examine whether and how state compensation was claimed by and/or awarded to these exonerees in China. Our analyses revealed that almost all of the state compensation claims received compensation, and the amount claimed and the amount awarded had increased exponentially over time. In addition, after mental damage compensation was permitted in 2010, capital exonerees had successfully obtained such awards. However, despite of the increased compensation amounts over the years, the winning rates across almost all categories (e.g., mental damage, life/physical injury claims) decreased over time, and the standard of national daily average salary played a more important role on the increased amounts claimed and awarded than the SCL based on results of multivariate analyses. Policy recommendations were discussed to help improve the state compensation system in China.

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死刑案件中被驱逐者的国家赔偿：中国经验

1994年，中国通过了第一部《国家赔偿法》，在行政和刑事案件中，被错判的个人可以就国家违法行为造成的生命或自由损失、人身伤害和财产损失提出索赔。2010年修订的SCL增加了精神损害赔偿，并规定了谈判程序的优先顺序。目前的研究使用了144名死刑犯来调查中国这些死刑犯是否以及如何要求和/或授予国家赔偿。我们的分析显示，几乎所有的国家赔偿要求都得到了赔偿，索赔金额和赔偿金额随着时间的推移呈指数级增长。此外，在2010年允许精神损害赔偿后，死刑无罪的人成功地获得了这类赔偿。然而，根据多变量分析的结果，尽管多年来赔偿金额有所增加，但几乎所有类别(例如精神损害，生命/身体伤害索赔)的胜率都随着时间的推移而下降，并且国家平均工资标准对索赔和裁决金额的增加发挥了比最高标准更重要的作用。讨论了有助于改善中国国家赔偿制度的政策建议。

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来源期刊

Asian Journal of Criminology CRIMINOLOGY & PENOLOGY-

CiteScore

3.00

自引率

10.50%

发文量

期刊介绍： Electronic submission now possible! Please see the Instructions for Authors. For general information about this new journal please contact the publisher at [welmoed.spahr@springer.com] The Asian Journal of Criminology aims to advance the study of criminology and criminal justice in Asia, to promote evidence-based public policy in crime prevention, and to promote comparative studies about crime and criminal justice. The Journal provides a platform for criminologists, policymakers, and practitioners and welcomes manuscripts relating to crime, crime prevention, criminal law, medico-legal topics and the administration of criminal justice in Asian countries. The Journal especially encourages theoretical and methodological papers with an emphasis on evidence-based, empirical research addressing crime in Asian contexts. It seeks to publish research arising from a broad variety of methodological traditions, including quantitative, qualitative, historical, and comparative methods. The Journal fosters a multi-disciplinary focus and welcomes manuscripts from a variety of disciplines, including criminology, criminal justice, law, sociology, psychology, forensic science, social work, urban studies, history, and geography.