CHINA TOPIX

05/17/2024 12:42:31 am

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Public officers hurt people, government pays compensation on behalf of the lost

Government on behalf of the lost actually means taxpayers pay the compensation when public officers hurt people.

Government paid 730 Thousand RMB on the case of a pregnant woman shoot dead by Guangxi police. Huangzhong City Management mauled a pregnant woman; the government pays 209 Thousand RMB compensation. People pay more attention to how government deals with the recent incidents of hurting people by public officers. In the recent 10 cases of that kind of incidents, local government first paid on behalf of the lost without any explanation and without successful recovery of loss.

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Public officers breaking a law and even committing a crime would result in any personal injury or property loss. How to pay compensation to victims? First, some illegal or criminal individual behaviors actually belong to the public officers themselves. There should be no relationship between their duties and jobs. In this case, the public officers are normal citizens, taking responsibility of the compensation for any injury or damage themselves. In other words, the public officers shall pay the compensation by themselves; government shall not pay on behalf of the lost.

Second, if the public officers break the laws or commit a crime during doing their duties and the victims have the right to claim government's compensation, local government shall pay the compensation on behalf of the lost and then claim to the related persons according to the law.

Government paying first has its rationality and necessity. On one hand, in some cases, some public officers are doing their jobs when they break the law. There might be some issues on the management of the department. The government shall take the reasonability. On the other hand, paying first by government can help victims obtain the compensation in time and maintain victims' rights. If government does not pay for it, the person who is responsible is not able to pay for it. Then the victims might get hurt for the second time.

However, it is better for now to establish clear rules about paying compensation by government to both maintain the rights of both victims and taxpayers. 

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