State Of The System Of Civil Compensation For Mental Damage In China Study Of Jurisprudence

Compensation for emotianl distress is one of old topics, whose developing course is very changeable. Whether the emotional distress out of administrative and judicial torts should be compensated or not has been going through long and hot debate, since the The State Tort Claims Act was carried out in 1995, researches on State's Compensation for Mental Aguish out of administrative or judicial torts have been moving into top gear; however, most of them have just introduced synoptically the relative rules of main foreign countries from the viewpoint of administrative law or comparative law.Beginning with two influencial and controversial cases about State's compensation for emotional distress out of administrative and judicial torts, this passage interprets the irrationality of deficiency of such system in our country, probes the necessity and feasibility to set up such system of our country from the persepective of principle of law, and puts forward a possible proposal for its construct, which is the significance of this theme and the logic end-result of this thesis.This passage consists of four parts. The first part is about the general introduction of State's compensation for emotional distress and the two representative cases, the analysis of which refelects the ponderance of such deficiency; the second analyzes why the State should compensate for emotional distress out of administrative and judicial torts, which is the main part of the whole passage; the third about comparison of such compensation among other countries to convey that the deficiency of such system in our country is against the international development trend of law; the last focuses on how to set up such system of our country.