Research On Systems Of State Compensation On Mental Damage

Mental damage compensation system to establish and perfect, reflecting acountry from the aspects of a democratic rule of law and human rights developmentlevel.In2010the newly revised "State Compensation Law of the People’s Republic ofChina" clearly stipulated in the system of compensation for mental damage, this is avery important step in the process of legalization, permeated with the spirit of theconstitutional safeguard human rights, from then on China’s national compensationsystem lack of compensation for mental damage phenomenon has officially become athing of the past. Compensation for mental damage but, in practice, there are still a lotof problems, such as: applicable condition strictly, narrow range of application,practical difficulties and so on. In terms of the law itself, only limited to "the seriousmental damage", to general mental damage can not get the correspondingcompensation, and there will be a compensation for the serious situation is uncertain,the compensation standard is not specific effects such as the practice operation. Andthe definition of mental damage, should not be only limited to the personal rightsaccording to the traditional thinking, can be extended to the property rights, reputation,privacy rights, etc. Therefore, the mental damage compensation system in China stillneed continuous development and improvement. Based on the "state compensationlaw" in mental damage compensation in our country, on the basis of the specificprovisions in the judicial practice, analysis in the field of domestic and foreignrelevant research results, and then put forward their spiritual damage compensationsystem of state compensation law issues related to views and ideas.This article is divided into four parts, the first part, for the concept ofcompensation for mental damage in state compensation law in our country, includingthe legal characteristics and constitutive requirements, functions and legal basis forthe explanation. With the spirit of tort damages are compared and analyzed. Thesecond part, the paper introduces the legislative status quo of mental damagecompensation system in our country, analyzes the existing deficiencies and defects,such as the right to request a single, suitable scope too narrow, the standarduncertainty, and so on. The third part, this paper puts forward the system ofcompensation for mental injury in the state compensation law in China the idea of aperfect way, including the establishment of imputation principle, expand the scope of use, and some special qualifications of subject of the right of claim for sure. Finally,the methods and standards of compensation for mental damage concrete practice, theauthor illustrates the related rules of existing methods, and put forward the optimummethods in our country.