The Supreme Law promulgated the judicial interpretation of the limitation of judicial compensation requests.

　　Xinhua News Agency, Beijing, May 24 (Reporter Qi Qi) the Supreme People’s Court issued the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the Limitation System in the Trial of Judicial Compensation Cases on May 24, fully protecting the legitimate rights and interests of compensation claimants and unifying the understanding and application of the limitation system for requests. This interpretation shall come into force as of June 1, 2023.

　　According to reports, the judicial interpretation consists of thirteen articles, the main contents of which include the starting rules of the limitation of criminal compensation claims, the starting rules of the limitation of non-criminal judicial compensation claims, and the deduction rules of the special period of the limitation of claims. Based on the reality of judicial compensation, the above provisions fully consider whether there are factual obstacles and legal obstacles when the claimant applies for compensation, reasonably determine the starting date of the limitation of claims, and make it clear that the compensation Committee of the people’s court shall not actively apply the limitation of claims in the trial of state compensation cases, thus solving some controversial difficulties in the application of law and effectively implementing "fairness and efficiency".

　　"There are different understandings about whether the limitation of judicial compensation request is substantive limitation of action or procedural limitation of prosecution in nature." The person in charge of the the Supreme People’s Court Compensation Commission Office introduced that after in-depth investigation and extensive solicitation of opinions from all parties, a consensus was reached on this issue. It is generally believed that the limitation of judicial compensation claims is in nature a statute of limitations. After the expiration of the limitation period, the rights of compensation claimants are not protected by law, but the rights of compensation claimants are not eliminated. Accordingly, the judicial interpretation stipulates that "after the expiration of the limitation period for claims, the organ liable for compensation agrees to compensate or make compensation, and then raises a defense on the grounds of the expiration of the limitation period for claims or requests the claimant to return the compensation, the compensation committee of the people’s court will not support it."

　　On the basis of clarifying that the limitation of claim is the limitation of action in nature, the judicial interpretation stipulates that the organ liable for compensation has the right of defense against the limitation of claim, that is, "when the limitation of claim expires, the organ liable for compensation may raise a defense against compensation". However, if the organ liable for compensation agrees to pay compensation or has paid compensation after the expiration of the limitation period, and then raises a defense or requests the claimant to return the compensation on the grounds of the expiration of the limitation period, the compensation Committee of the people’s court will not support it.