Study On The State's Compensation System Of Spiritual Damage Of Our Country

To establish spiritual damage system on administrative tort is important for democracy and law in one's county. It's necessary for democracy and legality construction, no mater what the social cultural and economic development are. It protects people's legal rights and ensure exerting state's rights according to the law. The system of compensation for spiritual damages that the administration encroaches is already taken happened developed in the developed countries.In the middle and later period of the 19th century, because of the democratic ideological trend rising in the west, the state's 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 system compensation range which the state's compensation administration compensate for and standard is become the important sign democratic level .Governed by law of a country, it is an among them whether compensationThe compensation to establish spirit and damage of weighing the important standard the principle for spiritual country encroaches is still a blank at damages present that the administration of our In administration trial practice, the requires to 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 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 studying the system of spiritual damage compensation on administrative tort. In China, establishing the t system of spiritual damage compensation on administrative tort is not only necessary, but also possible, we can see it from theory and practice. We will illustrate the fact that how to establish 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 f or spiritual damages that the administration encroach right concretly, th use xpoundt hise ffectivenessin o urco untryo fsy stemf urther.