Research On State Agencies Mental Compensation Of Infringement Of Right

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 Warâ…¡,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.The construction of mental compensation system of state agencies right infringement was elaborated from three aspects in this paper. First, the connotation of mental compensation system of state agencies right infringement was explained by analyzing actual cases. Mental damage to the victim of state agencies right infringement was also demonstrated simultaneously. Comparing the present legislative situation on compensation of state agencies right infringement to foreign mental compensation system of state agencies right infringement, defects of the present State Compensation Law of the People's Republic of China was revealed.Next, the necessity and feasibility of the establishment of Chinese mental compensation system of state agencies right infringement was proved with the consideration of some problems which appeared in Chinese judicial practice and concrete foreign legislative contents.Finally, the conception of improvement of mental compensation system among state compensation law was put forward from the perspectives of constitutive requirements, principles, recognized criteria and specific methods, on the basis of which a series of related legislative proposals were raised in view of our national conditions.