The updated State Compensation Law contains the virtues of a revision, but it could have gone further to better protect the rights of the people.
Denying State compensation to those brought into police custody, found innocent and released within the longest term permitted under the Criminal Procedure Law is an obvious disappointment of the update.
We can imagine law enforcers' dislike for revised legislation that ties their hands in carrying out their duties. But protecting innocent citizens from being abused by public power is imperative.
Public security departments cite emergency situations to emphasize the importance of being efficient in carrying out their duties. But those are very special scenarios that cannot justify a blanket, no-compensation approach for non-emergency cases.
The balance has already been tilted in favor of law enforcement considerations. Ordinary citizens can expect no relief once they are labeled a "criminal suspect". Everybody also knows how dangerous detention facilities can be in this country - where people can reportedly die from "drinking hot water," or even "playing hide-and-seek".
Our police authorities have been given too much, instead of too little, latitude in doing their jobs. The most pressing task for our legislators is to come up with meaningful relief for victimized citizens. The State must assume responsibility for the harm done by those acting in its name.
(China Daily 04/30/2010 page8)