Research On Mental Compensation In State Compensation Law With Typical Cases

The state compensation law adopted the legal system of mental compensation; it’s a great progress of state compensation system and reflects the protection for mental rights. Some typical cases of state compensation promote the improvement of state compensation law, and protection for human rights is also an important element. However, the current legal system of mental compensation in state compensation law still contains many flaws, such as the mental compensation in state compensation law is a kind of symbolic compensation, and it can not fully remedy the victims’ right. And there is a lack of clear standards of mental compensation; the administrative and judicial organs have excessive discretion to decide the compensation rate. In some cases, the victims only get a little money of compensation even instead of apology. Some legislative expressions such as serious consequence should be clearly explained, or these expressions would be the tool to avoid compensation liability.This dissertation researched the issues of mental compensation in state compensation law with typical cases and the experiences of other countries and regions. The author put forwards the suggestions as below:firstly, the legal system of mental compensation should be uniform in civil law and public law in purpose, functions, standards and counting methods; secondly, some special attributes of state compensation can be an important element in establishing the mental compensation system in state compensation law.