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Watching The Watchdog: China's State Compensation Law As A Remedy For Procuratorial Misconduct, Keith Hand
Watching The Watchdog: China's State Compensation Law As A Remedy For Procuratorial Misconduct, Keith Hand
Washington International Law Journal
In 1994, China enacted a comprehensive State Compensation Law ("SCL"). The SCL provides individuals and legal entities with the right to compensation in a limited number of situations in which they are harmed by illegal government acts. The purpose of the law is twofold: (1) to guarantee the rights of individuals and legal entities to obtain compensation and (2) to encourage state officials to exercise their powers lawfully. In theory, the SCL provides an important check on the conduct of procurators and other government officials. China's procurators serve dual roles as criminal prosecutors and as supervisors of the legal process. …