{"title":"死刑案件中被驱逐者的国家赔偿：中国经验","authors":"Moulin Xiong, Aoqi Zheng","doi":"10.1007/s11417-022-09387-2","DOIUrl":null,"url":null,"abstract":"<div><p>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.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"17 1","pages":"121 - 145"},"PeriodicalIF":1.8000,"publicationDate":"2022-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://link.springer.com/content/pdf/10.1007/s11417-022-09387-2.pdf","citationCount":"0","resultStr":"{\"title\":\"State Compensation of Exonerees in Capital Cases: the Chinese Experience\",\"authors\":\"Moulin Xiong, Aoqi Zheng\",\"doi\":\"10.1007/s11417-022-09387-2\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><p>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.</p></div>\",\"PeriodicalId\":45526,\"journal\":{\"name\":\"Asian Journal of Criminology\",\"volume\":\"17 1\",\"pages\":\"121 - 145\"},\"PeriodicalIF\":1.8000,\"publicationDate\":\"2022-11-05\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://link.springer.com/content/pdf/10.1007/s11417-022-09387-2.pdf\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Asian Journal of Criminology\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://link.springer.com/article/10.1007/s11417-022-09387-2\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"CRIMINOLOGY & PENOLOGY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Asian Journal of Criminology","FirstCategoryId":"90","ListUrlMain":"https://link.springer.com/article/10.1007/s11417-022-09387-2","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"CRIMINOLOGY & PENOLOGY","Score":null,"Total":0}
State Compensation of Exonerees in Capital Cases: the Chinese Experience
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.
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.
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