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Research On Compensation For Mental Damage Caused By The State Infringement

Posted on:2010-09-22Degree:MasterType:Thesis
Country:ChinaCandidate:P P ShenFull Text:PDF
GTID:2166360278997073Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Since National Compensation Law came into force on January 1st 1995 in china, many issues appeared. Because the lack of compensation terms for mental damage in this law, victims can only get direct physical compensation and they can not get a little compensation for mental damage in many cases. This made Chinese National Compensation Law very embarrassed. Though scholars have the same viewpoint that National Compensation Law needs the system of compensation for s mental damages, there is no uniform opinion on how to set this system. This paper starts with the theory related to the compensation for mental damage caused by the country infringement, and then analyses the legal principle and social function for the application of mental damage compensation. It also deals with the reason why we should establish the compensation rules for mental caused by the state infringement and how to establish such rules.The paper is divided into four 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 is a comparative review of mental compensation system in national compensation of other countries. Compares and analyses the compensation rules for mental damages by state act tort in countries such as America, England, France, Germany and Japan. It gives beneficial advices on setting our compensation system. The third part starts with the civil 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 three examples. Last it analysis on the reasons for the vacancy of the institution. The fourth part tries to establish mental compensation system in our national compensation, which is the most important part of this thesis. Establishing the system of mental damage compensation on administrative tort is not only necessary, but also possible. It tries to extend the elements, the range of compensation and give us some advice about the request subject and how to define the amount of compensation. At last, the author offers her manuscript of mental compensation of National Compensation Law and gives her reasons. The last part is a conclusion which summarizes the whole paper.
Keywords/Search Tags:mental damage, compensation for mental damage, right infringement, state compensation
PDF Full Text Request
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