Studies On Reconstruction Of Procedure For Judicial Compensation

To some extent, the existing procedure which is so complicated and confused that excludes the public from the system judicial compensation. Compensations to applicants can not be given duly and fully because compensation obligation bureaus reluctant to apply compensations from financial bureaus though they have limited outlay of judicial compensation system. It has become usual practice in the countries and areas where state compensation system is quite developed that designing different compensation procedures according to different judicial torts and introducing active compensation procedure in pursuit of simplicity and consistencyThe deciding authority of judicial compensation should be exerted by prosecutors, which could lessen burden on other judicial departments, avoid judicial system become overstaffed, consistent with Chinese polity and help solve other problems in judicial compensation procedures. Prosecutors' courts govern judicial compensation fund and widen source of bankroll. Judicial torts can be categorized as erroneous judicial torts, illegal erroneous judicial torts and criminal erroneous judicial torts according to extent of violation of law. Prosecutors' courts must accept and hear a case if applicants can submit decision of not to prosecute or judgment of innocence for compensations for erroneous judicial torts. As for illegal erroneous judicial torts, prosecutors' courts must accept the case if applicants have legal documents. Otherwise, applicants should accuse judicial organs by whose result prosecutors' courts decide whether or not to start procedure of judicial compensation. With regard to compensation for criminal judicial torts, prosecutors'courts should not accept the case and tell applicants wait until the criminal judgment is made. For some applicants who have urgent need.