Font Size: a A A

On The Compensation For Mental Damage In State Compensation

Posted on:2014-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:N YinFull Text:PDF
GTID:2256330425962247Subject:Law
Abstract/Summary:PDF Full Text Request
The2010amendment to the "State Compensation Law" to update the state indemnity system of our country, and it is better to adapt to and meet the needs of social development, and the state respects and safeguards human rights provides the implementation of security and law and the realization way. The application of spiritual damages is a new and necessary requirements. But the specific application will find the scope of compensation for moral damage, and the compensation standards are lacking, which needed us to explore and perfect.In this paper, the system of compensation for spiritual damage by the State Compensation Law of the new modified involves, hope for further description of the system of compensation for spiritual damages and no specific provisions on only to state compensation law, to make more people to increase the understanding of the spiritual damage compensation in our country, there is a clear cognition on the reality of its application problems in judicial practice, on the behavior of their own or others have a legal guidance, the legal consequences of the expected by a clear. Hope can better protect their spiritual interests, can also help others to protect the legitimate interests of the spirit, the legal demands more reasonable, more can get the support of the law, to better understand and enjoy national law to protect their legitimate rights and interests. The whole structure is divided into five parts, the first part of the scope of the compensation for spiritual damages the country; the second part expounds the mental damage solatium determination; the third part of the compensation for spiritual damage provisions of national legislation abroad and the enlightenment to our country; the fourth part elaborated the perfection of legislation of compensation for spiritual damage my country country. The supreme purpose of compensation for mental damage, is to protect the mental interests and maintain the general behavior of a social member free balance. On the one hand, should make the victim is physiological and psychological pain is comfort; on the other hand, limit and cannot exceed the reasonable cause general members of society to bear heavy burden and affect the freedom of action for compensation. Thus, we can understand the scope of the compensation for mental damage, this should be the two concepts based on the balance between the restricted properly. The mental damage compensation is a difficult, complex problems, it is a problem that can not be avoided in the judicial practice. In judicial practice, there are many parties think, spiritual damage compensation claim amount is large, in this case, although the judge can not full support, but also can support most. This is generally existed in litigation parties the so-called "discount psychology". This kind of psychology is really unacceptable, if the parties to do so, only one, that is to increase its litigation fee burden, but will not be the judge to support the claim. This paper discusses how to determine the standard of compensation for spiritual damage state, and to the objective and rational guiding their litigation request to soothe the spirit damage his. According to the analysis on the provisions for compensation of mental damage in international legislation. In order to effectively protect the personality right, civil law of our country have a lot to learn from the advanced management methods from abroad, especially to learn German amendment, as well as the Swiss civil code (and more importantly the debt law forty-ninth) experience, strengthen the protection of our civil rights, improve the relevant laws and regulations of China, as appropriate economic compensation for mental damage all illegal infringement of personality interests lead.
Keywords/Search Tags:State compensation, Compensation for mental damage, The standard ofcompensation, The scope of compensation, Foreign legislation, Perfect
PDF Full Text Request
Related items