Research On Spiritual Damage Compensation In Administrative Tort

The State Compensation Law has been enforced for fifteen years, but it exposes manys problems, one of them is that the system of spiritual damage compensation has not been established. Many claims for spiritual damage compensation were not satisfied. With the development of economy and society, the State Compensation Law is asked to be amended in order to protect people's spiritual rights. This paper makes a research on the issue above in order to provide the theorial basis for rule of law.The first part of the paper expains several concepts involved. The concept of spiritual damage includes two arguments——Special damage of spirit and General damage of spirit. This paper accepts the latter.General damage of spirit not only inclues spiritual suffering, but also includes spiritual benefits'loss. Spiritual suffering is a citizen's damage in physiology and in psychology because his personal right has been hurt. Spiritual benefits'loss is a kind of damage of citizen's or corporation's personal benfits and identity's benefits. Spiritual damage in administrative tort refers to that administrative organizations impinge the rights of citizens, corporation and other organizations illegally when they execute their posts.The second part of the paper analyzes spiritual damage compensation in national compensation laws between China and foreign countries. The system of spiritual damage compensation has not been established in national compensation, the State Compensation Law only regulates that administrative organizations take the responsibility of apologization for their infringment acts. It is obvious that the State Compensation Law doesn't fully protect the spiritual rights of the victims.Parts of foreign countries have established the system of spiritual damage compensation in national compensation. The trait of their system is that there are close relations between national compensation and civil compensation in spiritual damage compensation. Such method of making laws is good to the execution of the laws, and have provided valuable experience for China's lawmaking.The third part of the paper anlayses the necessity and feasibility of establishing the system of spiritual damage compensation in administration compensation in China.The theorial value of establishing the system includes three aspects. In the first place, establishing the system is the need of executing modern legal institutions and the Constitution of People's Republic of China.The core spirit of modern legal institutions is to protect people's rights fully. The principle that damage must be remedied has been generally accepted. Second, establishing the system is the need of protecting the human rights fully.The human rights include not only material aspects but also spiritual aspects, they should be protected equally. Third, establishing the system is the need of maintaining fairness and justice. Fairness and justice is the human's core aim. On the basis of the philosophy of fairness and justice, all acts including national acts shoud be in accord with the requests of fairness and justice. The actual meaning of establishing the system includes four aspects.In the first place, establishing the system is the need of keeping agreement between different laws.In order to keep agreement between different laws, the system of spiritual damage compensation should be established in administration compensation. Second, establishing the system is the need of making up for the victims'loss. The damages in national compensation is too low, so establishing the system can make up for the victims'loss to some extent. Third, establishing the system is the need of regulating and supervising the acts of administrative organizations and their workers. One of the aims of the establishment of the national compensation system is to limit national power effectively, and keep balance between national power and people's rights. Fourth, establishing the system is the need of perfecting market-oriented economy. Because citizens'spiritual actions, in some degree, can be measured by money.The feasibility of establishing the system includes four aspects.In the first place, we have good legal conditions.Similar system in civil field has been established, which provides important reference for establishing the system of spiritual damage compensation in administrative tort field. Second, we have good idea conditions. The idea of democracy and legal system is plunging into the depth of people's heart, which provides solid idea basis for the establishment of the system. Third, we have good economic conditions. Our economic level in now days have been improved greatly, so national finance can afford the expenses. Fourth, we have good international conditions. Damages of spiritual damage compensation is been used in more and more countries.The fourth part of the paper envisions the constructing of system of spiritual damage compensation in administration compensation. The system should obey six principles. The first principle is that administrative organizations take the responsibility of compensation.Administrative organizations bring the damage, so they should take the responsibility of compensation. The second principle is that the victims should request damages actively through lawsuit. Only the victims ask for damages, the state can make compensation according to the degree of their damage. The third principle is that the main method is to return to the original situation and damages award is only auxiliary. Only when returning to the original situation is impossible, we adopt the method of damages award. The fourth principle is that the degree of spiritual damage should be quantified. The degree of spiritual damage should be quantified as soon as possible, for example, the degree of spiritual damage is divided into three ranks: serious damage, grave damage and more grave damage. The fifth principle is that damages should be limited reasonably. The sixth principle is that judges have certain discretionary power. The course of measuring degree of spiritual damage possesses subjectivity, so certain discretionary power should be given to judges. The range of spiritual damage compensation in administration compensation includes four parts. The first part is that the spiritual damage arises from personal rights being impinged. Personal rights are the most fundamental rights of a citizen and the basis of other rights. So it is very necessary to protect personal rights. Personal rights include two kinds of rights: personality rights and status rights. Personality rights include right to life, health right, personal liberty and so on.Status rights include right of relative, spouse rights and so forth. The second part is that the spiritual damage arises from political rights being impinged. Political rights are basic rights of citizens, which are protected by the constitution. The third part is that the spiritual damage arises from the right to receive education being impinged.The right to receive education is not only the basic right of citizens, but also the basic duty of citizens. The right to receive education is very important to a person's development. The third part is that the spiritual damage arises from the property right being impinged. The property right in this paper is confined to special property right, which possesses personal nature. The property right possessing personal nature refers to those things, which bear important feelings and spiritual benefits.