Study On The State Spiritual Damage Of Compensation System For State Infringement

As an important part of China's socialist legal system, the State Compensation Law plays an important role in regulating the power exercising of the government agencies, protecting the human rights and building a harmonious society. However, the State Compensation Law promulgated at the inherent-- not expressly requiring the state tort spiritual damages into the scope of State Compensation, which causes the natural persons, legal persons and other organizations in the country who suffer a serious infringement and mental trauma, have no channels to protect their rights, and this also is not conducive to the protection of human rights fundamentally and to the building of the law-based government and this is also contrary to the concept of building a harmonious society. Therefore it's extremely urgent to build the state spiritual damage of compensation system for state infringement. This paper is divided into seven parts.The first part is the introduction, including the background and significance of the study, the current research in the world, the method of the study, and the innovative points.The second part is the introduction of the related conceptions of mental damages about state tort, which provides theoretical basis for the below parts.The third part is about the history evolution and the analysis of the present situation of the state Spiritual Damage compensation system. This part first introduces the history of the state Spiritual Damage compensation system in order of time; then the article makes a concrete analysis of the status quo about the state Spiritual Damage compensation system.The fourth part tells us the needs and the possibilities for the establishing of mental damage compensation system. It first discusses the needs of the establishment of mental damages compensation system for the state infringement in the current; then it concludes the possibilities of the compensation system by now.The fifth part of the paper introduces the state compensation system for mental damages in foreign countries and makes some references about the establishment of the system for our country. It first introduces the state compensation system for mental damages in foreign countries, and then summarizes the experiences in these regions as well as the references about the establishing of the state compensation system for mental damages to our country.The sixth part is the design of the state Spiritual Damage compensation system for the state infringement in our country. It first discusses on what contents should be prescribed; and then it brings forward some suggestions on how to expand the scope of Spiritual Damage for the state infringement and to establish the principles of state Spiritual Damage compensation system and the factors of the amount of it. The seventh part is the conclusion. It repeats and emphasizes the main points, and points out some questions still needed to be discussed.In brief, the above seven parts are closely integrated and linked up. Based on the relevant theories about the state Spiritual Damage compensation in the above six parts, the paper brings up how to build our national spiritual damage compensation system. The expansion of the scope of the system about the state Spiritual Damage compensation is the focus of this paper. This article studies how to expand the scope he state Spiritual Damage compensation system from five aspects. Simultaneously this paper establishes the principles and determines the factors of the state Spiritual Damage compensation system, which are the necessary contents of the state Spiritual Damage compensation system.