New Theory Of "State Compensation Law" Provisions On Compensation For Mental Damage

In2010, the revised "state compensation law of the People’s Republic of China"provisions of spiritual damages for the first time. Make up the "state compensation law" in1994only legal defects of compensation of material damage. On the guarantee of citizens’legal rights and regulate the behavior of countries is of great significance. But it should benoted that the revised "state compensation law" provisions on compensation for mentaldamage is too short, only a few serious damage to the infringement of citizens’ rights tocompensation for mental damage, and damage to the limit, the compensation standard, theamount of the scope of protection of the rights of citizens, mental damage compensationscope, etc. There is no clear regulation, in addition, the revised "state compensation law"in article35"serious damage", the lack of a clear definition on the nature of mentaldamages of controversial issues such as affecting the "state compensation law". Secondrevised2012"state compensation law" in compensation for the main body, the problemsuch as program modified, further enrich and perfect the system of compensation formental injury in "state compensation law". More perfect system of compensation formental injury in civil field, and the "state compensation law" after several changes, butstill have a lot of loopholes in the rules of compensation for mental injury needs furtherdiscussion and supplement.The full text is divided into five chapters, the first outlined the revised "statecompensation law" provisions on compensation for mental damage, expounds the spiritdamage compensation system of the legislative background, the legislation presentsituation and the development and the purpose of legislation, and then the systemintroduction and analysis of the connotation of compensation for mental damage,characteristics and components of state infringement spirit damage compensation system;Then show the world the legislation about national tort compensation for mental damage,and carries on the contrast analysis summed up; Below from the legal perspective, thispaper discusses the new "state compensation law" in the mental damage compensation ofthe advantages and shortcomings, finally aimed at these deficiencies put forward theauthor’s some Suggestions, mainly from two aspects of spiritual damage compensationscope and standards which is discussed.