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SPC Releases Judicial Interpretations on Statutes of Limitations for Judicial Compensation Cases
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Chinese
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Category：Legislative Updates
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Subject：Legal system
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Keywords：judicial compensation; limitation period; judicial interpretation
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Source：Pkulaw
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Publish Date：05-25-2023
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Recently, the Supreme People's Court (SPC) released the Interpretations on the Application of Statutes of Limitations in the Trial of Judicial Compensation Cases, effective from June 1, 2023.
Composed of 13 articles in total, the Interpretations provide for rules for limitation periods for criminal compensation cases and non-criminal judicial compensation cases, rules for deductible exception periods, and legal effects of discontinued and expired limitation periods.
The interpretation document clarifies that limitation periods are in essence statutes of limitations. It stipulates that authorities liable for compensation have the right to plead limitation periods. However, the document further stipulates that, if an authority liable for compensation, which has agreed to compensate or has made compensation after the expiration of a limitation period, later enters a plea or files a request with the compensation committee of a people's court for the refund of compensation against the claimant on the grounds of the expiration of the limitation period, the request should not be upheld.
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