中国海事商事仲裁资讯2024年第1季度,2024Q1

China Newsletter on Maritime and Commercial Arbitration (CHNOMACA)

Interpretation of the Supreme People's Court on Several Issues concerning the Application of Prescription of Claims in the Trial of Judicial Compensation Cases

FROM:CMAC | 2023-05-24

On 24 May, China’s Supreme People’s Court (SPC) issued the Interpretation of the Supreme People's Court on Several Issues concerning the Application of Prescription of Claims in the Trial of Judicial Compensation Cases, which will come into force on 1 June 2023. The Interpretation contains 13 articles, the main contents of which include rules on the commencement of the statute of limitations for requests for criminal compensation, rules on the commencement of the statute of limitations for requests for non-criminal judicial compensation, rules on the deduction of the special period of the statute of limitations for requests, the suspension of the statute of limitations for requests, and the legal effects of the expiration of the period of limitations for requests.

The Interpretation makes it clear that the limitation period for a compensation claimant to file a compensation claim with the organ obligated to pay compensation is two years, and that the organ obligated to pay compensation may raise a defence of non-compensation if the limitation period for the claim has expired; the period during which the compensation claimant has been detained and other periods of restriction of personal liberty is not counted as part of the limitation period for the claim; and that the Compensation Committee of the People's Court may not take the initiative in applying the limitation period for the claim when hearing a case of State compensation.

(Source: court.gov.cn)