A Research On The Problems Of Compensation For Spiritual Damage In Nation Compensation

The State Compensation Law is the fundamental basis that the citizen, legal person and other organizations advocate their rights when state agency and staff tort their benefit. When it came into force on January 1st 1995, the State Compensation plays the positive role to prevent the state power to abuse and to safeguard the benefit of the obligee. But State Compensation Law does not cover the State Mental Compensation for Damages, which leads to the situation that obligee do not have laws to protect their rights.This article uses the system of Spiritual Compensation in Civil Law as the guidance. Analize the necessity and feasibility of the Compensation for Spiritual Damage in National Compensation. Meanwhile, introduce the Compensation for Spiritual Damage in National Compensation of different countries. Proposes the advice in our State Compensation. This article contents four parts:The first part is that the basic theory of Compensation for Spiritual Damages and State Compensation for Damages expound. Included: the concept, nature and constitutive elements of the Mental Distress, Compensation for Spiritual Damage and State Compensation.The second part is the scope of the State Compensation Law. The analysis of this article is the necessity and feasibility of the Compensation for Spiritual Damages in National Compensation.The third part is that the author introduces the provisions of Compensation for Spiritual Damage in National Compensation of different countries, which provides reference to us.The fourth part is that the author gives the proposal of the specific measures of State mental Compensation for Damages. Included: the concept, constitutive elements, principle and the scope of the State Mental Compensation for Damages.