The 2017 Law on State Compensation Liability – The main new points and recommendations for improvement

Abstract

The 2017 Law on State Compensation Liability (“LSCL”) inherits the relevant provisions of the 2009 LSCL and overcomes issues arising from the 2009 LSCL’s enforcement, thereby better protecting the rights of indemnified persons and resolving difficulties in the State’s implementation of compensation schemes. So far, after over 4 years of being enforced, the 2017 LSCL has also revealed a number of shortcomings and limitations that need to be overcome. The article analyzes the necessity of promulgating and main new points of the Law on State Compensation Liability, points out some inadequacies, obstacles and proposes some solutions to improve the Law.