State to compensate Chinese claimants unable to get damages from court orders

China is considering state compensation programs for claimants who win a lawsuit but get no damages from the impoverished accused.

Cao Jianming, vice president of the Supreme People's Court, told a national court affairs conference that state compensation, which will be part of judicial aid programs, is one of the priorities of the Supreme Court for the new year.

Courts around China use various mechanisms to reduce litigation charges for low-income plaintiffs prior to and during a trial, but only a few courts offer post-trial judicial aid.

The lack of protection of claimants' rights has sparked a public outcry in China. One of the recent widely-reported cases was the case of a temple slayer executed for killing ten people. Qiu, the convict, and his family were so poor that none of the victims' families were compensated.

Five families withdrew their claim to compensation after the court briefed them on Qiu's financial status. The court also ruled against the claim for state compensation, saying there are no laws governing post-trial judicial aid.

Meng Zhenqin, vice president of the people's court in Puxian, Shaanxi province, the province where Qiu was tried, said many victims' families fail to get compensation just like Qiu's case even though they win the lawsuits.

Cao suggested that courts set up a special fund to provide aid to victims who are impoverished or need immediate medical support but receive no damages from the equally impoverished convicts.

"In the vast countryside of poor western China, many claimants are illiterates who can neither read nor write," said Xiao Yang, China's chief judge. "Without systems to protect the disadvantaged, justice will never be found in courtrooms."

Source: Xinhua