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Intrduction About Compensation To Mental Damage Caused By State's Tort

Posted on:2009-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:W SuFull Text:PDF
GTID:2166360242985270Subject:Constitution and Administrative Law
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The issue of The StateËŠs Restitution Law in 1994 has a positive influence on restricting the state organs'misusing of their powers. With the improvement and development of the society, people pay more and more attention to the value of mental rights and quality of mental life. However, in our country, the state compensation responsibility is confined to the material level. There is a vacancy in the State'Restitution Law concerning the compensation rules for mental damage, which does not fit in with the development of the society. So, there is an urgent need to build up the compensation rules for mental damage by the state act of tort. This paper starts with the theory related to the compensation for mental damage by the state act tort, and then analyses the legal principle and social function for the application of state act tort to mental damage compensation. It also deals with the reason why we should establish the compensation rules for mental damage by the state act of tort and how to establish such rules.The paper is divided into five parts. The first part mainly discusses the theories concerning the compensation for mental damage and state act of tort, including the concept, definition, main faction and feature of mental damage, the concept, main faction, way and effect of state act of tort, the feature of mental damage caused by the state act of tort and the legal principle and social function for the application of state act of tort to mental damage compensation. This paper begins with those matters above. The second part starts with the civil field, the criminal field and the field of state compensation. Then it compares and analyses some legislative rules for the state mental damage compensation. This part analyses the vacancy of mental damage compensation by examples of Shexianglin Case, Limingjiu Case and Madandan'vergin postitudes Case. The third part compares and analyses the compensation rules for mental damages by state act tort in countries such as France, Japan and Korea. The fourth part first introduces the practical significance and urgent need to establish the rules from the aspect of ensuring human rights, enforcing the Constitution, building a democratic and legal country, standardizing the exercise of powers by the state organs and their officials, realizing social fairness and justice, improving the state law system and building a harmonious society; And then refutes some people'ideas who are against establishing the compensation rules for mental damage. They hold this opinion because they think that our country has limited financial resources while mental damage is invisible and can't be measured with money. Besides, we don't have enough experience in establishing the compensation rules for mental damage by the state act of tort. In addition, they think the social condition to establish such rules is still immature. So in this part, the paper analyses the reasons those people raised and answers all question. At last, it draw a conclusion that it is feasible to establish the compensation rules for mental damage by the state act of tort. The fifth part starts with some matters of the rules such as the principle, scope, standard and way. Then the paper put forward the conception of establishing the compensation rules for mental damage by sate act of tort. The last part is a conclusion which summarizes the whole paper.
Keywords/Search Tags:mental damage, compensation for mental damage, state act of tort
PDF Full Text Request
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