The Research On Supplementing The State Mental Compensation Act

Since the "State Compensation Law" being implemented, it has speeded Chinese legal system's progress from tremendous extent. But until now, it also shows some transparent flaws. Among the flaws, the absence of mental compensation is more serious. In my opinion ,making "The State Mental Compensation Act" shows tremendous significance in the field of legal system and Chinese harmonious society.This dissertation includes four chapters. It explains the theory of mental compensation and progress's history. The first part of this chapter not only analyses the definitions of the mental damage and mental compensation but also explains the mental damage's specialities and mental compensation's utilities. In the second part, it explains the mental compensation system's history.The second chapter includes the stipulations of mental compensation in Chinese legal system. At the beginning, it shows the stipulations of mental compensation in the field of Chinese civil law. Then, through reasonable analysis ,it concludes that making The State Mental Compensation Act is in keeping with the law's development and social enquirement.It studies the theory's history of The State Mental Compensation .It also explains the compensation of spiritual torts to the compensation of administrative torts. Through this explaination, it unveils the significance of making The State Mental Compensation Act.In the last chapter, it describes the theory of structuring The State Mental Compensation Act. This tentative idea has four parts. The four parts includes the reasons on the absence of The State Mental Compensation, the dispensabilities of The State Mental Compensation, the range of The State Mental Compensation and the principles of The State Mental Compensation.