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January 31, 2018

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Top court tells how police got it wrong

The Supreme People’s Court yesterday published several typical cases on property rights protection, including one in which local police were required to provide compensation for their violations during a criminal proceeding.

In the case, the provincial police authority in Liaoning arrested Liu Hua and Liu Jie in a criminal investigation and seized 20 million yuan (US$3.16 million) in funds from their company, Beipeng Real Estate Development Co in Shenyang, in 2008.

In 2014, a local court convicted the two and the company of illegal occupation of farmland but exempted them from criminal punishment. However, despite of the company’s multiple requests, the seized funds and financial documents were not returned.

The company filed an application for state compensation to the SPC’s compensation committee in 2015, and after a court hearing, the committee ruled that the local police should return the funds confiscated previously and pay interest totaling 830,000 yuan.

In a separate case that concluded this month, the third circuit court of the SPC ruled that the government of Wucheng District in the city of Jinhua, east China’s Zhejiang Province, should pay compensation for its illegal dismantling of the houses owned by resident Xu Shuiyun without due process, and that the compensation should also take the rise of home prices into account.




 

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