Spirit Of Administrative Tort Damages

Along with the revision of the "Constitution", concerns on human rights make it inevitable to set up a system of spiritual damages in administrative torts. In fact, there has already existed consent as to the spiritual damages in administrative torts. But there are some different ideas on how to define administrative tort and also how to regulate the spiritual damages in administrative torts. In this essay, the author firstly discussed some basic theories of administrative tort and spiritual damages, the emphasis of which is to analyze whether the functionaries could constitute the subject of this kind of tort. Then the history of the national compensation on administrative tort is described in detail. Furthermore, the author discussed the doctrine of illegal fault in the requirements of criterion of liability in administratively tortuous spiritual damages, as well as different ideas towards the scope of executing public affairs. The last three chapters about the scope of administratively tortuous compensation, the content of administratively tortuous spiritual damages, the affirmation and confirmation of money in the process of administrative compensation should be deemed as the focal point of the essay. The author intends to combine the system of administrative tort with that of spiritual damages in the writing of the article, in order that when thinking about tort and spiritual damages, you could not only recall that it exists only in the area of civil law. But we should also learn from the mature theories in civil law area to effectively ensure the interests and rights of the administrative counterparty, who is relatively in weak in the process. The commonly agreed three problems to be solved are, that the level of compensation is a little bit too low, that the scope of compensation is a little bit too narrow, and that the process is not reasonable. The author proposes some ideas on the widening of the scope of administratively tortuous spiritual damages, on the affirmation of the compensating amount, and on the revising of the confirming process. In the essay, the method of valuable analyzing has been used to analyze the purpose of setting up the system of administratively tortuous spiritual damages; the method of historical analyzing has been used to study the history and development of administrative tort; the method of comparison has been used to compare the different regulations between inside and outside of China; and also the method of illustration...