Study On The Scope Of Application Of The State Compensation For Mental Distress

Since the establishment of compensation for mental distress system, a lot ofcontroversy exists. Mental distress makes people’s dignity and spiritual worldprotected by law. The system reflects countries worldwide to protect the humanrights.The scope of the mental distress is the key problem of the compensation formental distress system, and determine the amount of the damages of thecompensation for mental distress. China established the system of the compensationfor mental distress since the Civil Law in1986,and the system safeguard the humanrights and regulate judicial practice.Although the law didn’t expand the scope of thecompensation for mental distress, the shortcomings and controversy will be furtherand gradually exposed along with further practice.The essay divides into5parts, itdiscusses some basic issues of the compensation for mental distress firstly, and thenanalysis principles that should apply to the determination of the scope of the spiritualdamage and compensation,and then analysis the legislation and judicial practice ofthe spiritual damage and compensation.At last the essay gives advice for theshortcomings of the scope of compensation for mental distress.This dissertation falls into five parts:The first part: definition about the overview of spiritual damage andcompensation.The second part: The dissertation analysis the standard of the current scope ofthe spiritual damage and compensation.The third part: Deep and more specific discussion for the scope of the spiritualdamage and compensation. The fourth part: Analysis the legislation and judicialpractice of the spiritual damage and compensation.The fifth part: Provide suggestions to improve the scope of the spiritual damageand compensation.