Study On The State's Compensation System Of Spiritual Damage

Many problems are exposed since the was carried out on first January,1995. Due to there is an insufficiency of the legal rule for Compensation for Mental Loss, many victims can only receive compensation for material damage but not Mental Loss according to the State Compensation Law, and it makes the State Compensation Law comes to an awkward situation. The Compensation for Mental Loss that conducted by Chinese Government is still on a primary stage, especially in the area of material compensation for mental loss. Whether establish the Mental Loss Compensation System or not reflects the development stage of a country's level of democracy, as well as the law enforcement ability and capability. In China, the Mental Loss Compensation System needs to be consummated to meet the needs for the improvement of democracy and the legal system, the needs for the development of social ideology and economy, and the needs for diplomacy. needs the establishment of Mental Loss Compensation System has became a consensus among theorists, however, the scholars do not have a unified opinions on how to build the ruling for mental loss compensation. This essay conducts a tentative study on how to construct the Mental Loss Compensation System of the State Compensation of China.There are four chapters in the essay.Chapter 1 concerns about Theory of Compensation for mental Loss in National compensation system and illuminate the main concepts and characters of it, comparatively analysis the difference and relations about National mental loss liability and civil compensation liability, National mental loss liability and criminal victim mental damages liability respectively.Chapter 2 introduced the existing circumstance about Compensation for mental Loss in National compensation Act with cases in reality, analysis the some defective of Compensation mental damage in< National Compensation Act>. From nations system perspective, concerns the necessity and feasibility to establish mental damage compensation system. Chapter 3 mainly introduce national compensation system in foreign countriesChapter 4 presents assumptions for compensation mental loss system in China. Recommend main elements to built national compensation system such like constituent elements, methods of calculation, considerable factors etc respectively.