Study Of Metal Injury Compensation System In Our State Compensation

April 29, 2010, the mental injury compensation system had been introduced into our newly revised "Law of the People's Republic of China on State Compensation" and this is a significant progress in the rule of law, completely changing our history which there is no metal injury in our state compensation, so that metal rights of citizens will have legal protection. But we should see that the metal injury compensation system in our state compensation still have a long way to go. In judicial practice, several problems limit the development of this important system, such as strict conditions for metal injury compensation, narrow scope of application. According to "Law of the People's Republic of China on State Compensation" for injury compensation, judicial practice in China and legal research, I will analyze problems existing in metal injury compensation system in our state compensation and make recommendations.This article is divided into four parts: The first part, an overview of metal injury compensation. First of all, we must clarify the concept of injury compensation. Compensation for metal injury as a non-property damage, if citizens'rights are violated, the law require the infringer to compensate for victims through the property as a compensation method, Then analyze characteristics of metal injury, only a natural person can have metal injury. Body corporate and other organizations can not be the main body of metal injury. The metal injury compensation methods are based mainly on material compensation and difficult to manipulate. Finally metal injury compensation has several functions, such as discipline, penalty, guidance .Penalty is main function which is determined by the nature of metal injury, because the mental injury is difficult to measure and compensate.The second section describes the state compensation for mental injury compensation system. Firstly I introduce theory of mental injury compensation system in state compensation, which is the civil rights and our "Constitution" basic requirements. So we come to understand the importance of the metal injury compensation. Secondly, we introduce the differences and contact between metal injury in state compensation and civil compensation. Seen from the history of the development process, metal injury in state compensation evolved from civil compensation .However, due to the tort approach related to state, the metal injury compensation in state compensation has its special place. So figuring out the difference and connection between the two metal injury is important to have a in-depth study for the metal injury of state compensation. Secondly, we will analyze the important position of administrative omission, damage caused by public facilities, the internal administrative acts in the scope of metal injury compensation. This is mainly from the protection of civil rights and constraints of public power. Finally, we will analyze the claimant who has the right require metal injury compensation.The third part mainly introduces the legislation of metal injury compensation in our country. 2010, The mental injury compensation system had been introduced into our newly revised "Law of the People's Republic of China on State Compensation" and this is a significant progress in the rule of law, completely changing our history which there is no metal injury in our state compensation, so that metal rights of citizens will have legal protection. But we should see that the metal injury compensation system in our state compensation still have a long way to go. In judicial practice, several problems limit the development of this important system, such as strict conditions for metal injury compensation, narrow scope of application and so on.Part IV presents my ideas to improve our metal injury compensation in our"state compensation law". According to China's actual conditions, I will demonstrate the necessity and possibility of the insurance system and public facilities.