National Tort Compensation For Mental Damage

As the human rights consciousness and the promotion era, " personality " concept in the Constitution and the "people-oriented" as the core of the scientific concept of development, the community of personality rights and other non-property rights and interests of the concern growing, contemporary Chinese increasing emphasis on the value of dignity and freedom in the dynamic balance between state and citizen in the protection of the spiritual interests of the more urgent demand, requiring the introduction of the field in the spirit of state compensation system for damages growing need. New "State Compensation Act," the introduction, making the field for many years whether the state compensation for damages should include the spirit of the debate was finally settled.Looking back at history, the state has a civil liability compensation for the intricate relationship with the public law system, based on the rise of democratic thought to be the first to establish in the West. After World War II, mental damages gradually emerge in the field of state compensation, also went through a stage from negative to positive, the scope of liability and compensation have also shown a growing trend of wide and broad, and has become a world development trend. Moral damage compensation system is to establish a national compensation system to measure the complete extent of the important content. China is also increasing emphasis on the spirit of state compensation for damages within the field of system construction.Monarch centralized despotism in traditional Chinese sustain 2,000 years, the supreme imperial power, ignoring human rights, notion national compensation system has been unable to find survival in traditional China soil. Since the Qing dynasty, Dial since constitutional western legal system and culture gradually spread to China, theory of state compensation part of it. The national government has established the national compensation system, but its still have implemented autocratic rule, people have no real democratic rights. After the founding of new China, country belongs to the people; all power to establish national compensation system laid the political basis. Since 1995 in China promulgated and implemented since the law of national amends in protecting the citizen's fundamental rights achieved remarkable results, and state power to regulate the operations of also play a positive role. However, due to the lack of tort compensation for damage theory and the institution of compensation for mental injury, 1995 leaves older didn't perform as well as the law of national amends. April 29, 2010 the law of national amends the amendment of the breakthrough will spiritual damage compensation is written into national compensation act, it should be said, clearly the mental damage compensation is the highlight of the dharma, reflected the progress of democracy and the rule of law, to construct the rift between state and harmonious relationship.Although the book as compensation for the decision "does not belong to the spirit of solarium compensation under the State Compensation Act of range " similar expressions have become history, but the new "state compensation law " under the principles and spirit of damages is too abstract, neither a clear start Terms of compensation, nor to determine the calculation of the amount of compensation standards, the scope of compensation than in other countries seem too narrow, the spirit of the legal damages and a negative attitude. This article is based on the above reason, the use of historical method, comparative analysis and empirical analysis, focusing on new "state compensation law " moral damage compensation system established by the issue, and with the spirit of our current civil damages provisions of the legislation and the defects Comparison, proposed to expand the spirit of compensation for damages, clear compensation for the start conditions, to determine the amount of compensation calculation standards and the empowerment of corporate citizenship for damages tort legislative proposal, which outlines the State Mental Damage compensation system prototype and the framework to the State Compensation Act Further clarified the limits or requirements for additional important instructive significance and reference value.