Spiritual Damage Compensation On Administrative Tort In China

To establish spiritual damage system on administrative tort is important for demoeracy and law in one's county.It's necessary for democracy and legality construction, no matter what the social cultulral and economic development are. It protects people's legal rights and ensure exerting administrative rights according to the law. The system of compensation for spiritual damages that the administration encroaches is already taken shape and developed in the developed countries. In the middle and later period of the 19th century, because of the democratic ideological trend rosing in the west, the administrative compensation system was set up in the west. After the World War II, the right of the person of the relative people of the administration is being paid attention to. Whether spiritual damage should be paid to by administration was on a long way to go .At first ,it was refused,then accepted. The compensation for spiritual damages is from limit to unlimited.Administration doctrine become a kind of world trend at present . Whether to establish administrative compensation system and compensation range which the administration compensate for and the compensation standard is become the important sign of weighing the democratic level .Governed by law of a country, it is an important standard among them whether to establish spirit and damage the principle of compensation The compensation for spiritual damages that the administration of our country encroaches is still a blank at present. In administration trial practice, the request of compensation for spiritual damages are refused on the grounds of lacking the legal basis , this can't but be a kind of regret. Spiritual damage compensation on administrative tort issue in our country is still not perfect in legislating.In this text, we will expand on the the system from three points:legislation basis of ,responsibility of this system,the mode of the responsibility.It will help us to establish the system of spiritual damage compensation on administrative tort more effectively,and even more to protect the citizen's human rights in a comprehensive way. How to establish the system of spiritual damage compensation on administrative tort,is the very points that we must solved after studing the system of spiritual damage compensation on administrative tort.In China,establishing the the system of spiritual damage compensation on administrative tort is not only necissary,but also fissible,we can see it from theory and practice.We will illustrate the fact that how to establish the the system of spiritual damage compensation on administrative tort from three points: the compensation condition of compensation for spiritual damages that we will encroach right from the administration, compensate for range , principle of compensation and method to pay ,etc. to explain the construction of the system of compensation for spiritual damages that the administration encroach right concretly, thus expound this effectiveness in our country of system further.