A Study On The Compensation Standard Of Spiritual Damage In State Compensation

"State compensation law" in China established the system of compensation for mental injury, but the standard which state compensation for mental damage compensation is based on did not make that clear. Lack of national standard of compensation for mental injury, leading to confusion in the practice of compensation, damaging to fairness and justice and the rule of law concept, it is necessary to set clear standards for compensation. This article, based on the experience at home and abroad for reference, tries to establish a set of specific national standard of compensation for mental injury. In this paper, first the mental damage compensation existing provisions of the state of our country, visually indicate the lack of specific compensation standards. And through the analysis of cases on compensation for state mental injury, it can be seen that there is no clear damages compensation standard lead to similar cases having different results which further confirmed that China’s national spirit damage compensation lack of a clear and specific standards. Secondly, this paper discusses the establishing national standard of compensation for mental damage is both necessary and feasible. Again is the positioning of the standard of compensation for mental injury to foreign countries and evaluation methods are introduced, and draw the beneficial enlightenment to our country. Finally, on the basis of using the experience of western countries and our country has been trying to, the author puts forward the advice to develop specific standard of compensation for mental injury: clear the principles of national standard of compensation for mental injury; use of compensatory standard; on the basis of defining the scope of compensation for mental injury, according to the classification method and discretionary compensation law, finally consider that mental damages.