On The Compensation Of Spiritual Damage Of Administrative Tort

In addition to the introduction and conclusion,the paper is divided into four parts. In the first part, there are definitions of administrative tort and the compensation of spirit damages. In this part, there are definitions of the subject, behavior types, objects of administrative tort, which are very important to the fourth part. The analysis of spirit damages prominets that the spirit damages are invisible and unmeasurd, which is the diffculty of the improvements of the system. The second part indicates the shortages of the compensation system in China. This section also analyzes the necessity and feasibility of improving the system. The improvements in our compensation system of spirit damages of administrative torts are necessary. In the third part, there are some introductions of the system of foreign states, which can be reference to the improvements of our system. In the fourth part, the improvements of the system go with the subjects who supply relifs and receive relifs, procedures, responsibility principle, the scope and standards of compensation. In order to contend with administrative organs, and to fully protect the interests infringed by administrative torts, the executive compensation committee under the People's Congress is suggested to establish. The victims can receive relifs either by the executive compensation committee, or by courts. In order to establish the responsibility principle system,?fault presumption is suggested to be the major principle, while illegal to be the minor one. In order to determine the compensation, grading method is suggested.To expande the scope of the compensation, the compensation for spiritual damages and medical expenses are suggested to be invovled.In this paper, there are three innovations. First, the centralized model is suggested to be used in the establishing of the executive compensation committee. Second, fault presumption is suggested to be the major responsibility principle, while illegal to be the minor one. Third, in order to determine the compensation, grading method is suggested.