Search On Mental Damage Compensation In State Compensation

The newly amended State Compensation Law of the People’s Republic Country (the state compensation law) clearly introduced the concept of solariums for mental damage, which is not only the triumph of human rights theory and practice governed by law, but also highlights the perfection of our country’s legislation of compensation. And obviously for our country, laying increasing attention to compensation for mental loss has been a vital tendency. However, the legislation deficiency of the qualifications of claimants, the confirmation of amount of indemnification and compensation rules and some other weaknesses may put the State Compensation Law into the predicament that the country can’t compensate, and then may pose a threat to the law’s authoritative positions.The author believes that, we should perfect the system of state compensation of mental loss from the following several aspects, that is:define the qualifications of claimants once again; establish the clear constitutive elements and the criterions of amounts of compensation for mental loss; and establish the principle of compensation scope of mental loss and enlarge the scope of rights needed to be protected and so on. And we expect it will truly be the new path for protection of human rights and rule of law.