Study On Compensation System For Mental Damage Of The State Compensation

The revision of the "state compensation law" in2010the range of compensation for mental damage compensation into national, is the significant progress of the construction of legal system in our country, make the spirit of the civil interests had more comprehensive protection."The state compensation law" stipulated in article35:"spirit cause person damage, the organ for compensatory obligations shall eliminate the influence, rehabilitated, apologize, to thereby causing serious consequences, shall be paid corresponding mental damages." But the rule is just principle affirms the mental damage compensation system, and no detailed rules for the information in the field, the apparent lack of operability. In this paper, through the analysis of the "state compensation law ", and contrast the relevant provisions of civil law and the practical experience and relevant theories at home and abroad to find out the system of the existing problems and deficiencies, and puts forward some solutions to existing problems and Suggestions.This article first introduces the concept of mental damage and compensation for mental damage, mental damage compensation system both at home and abroad, the origin and history of development, and the concept of mental injury, nature and the relationship between mental injury and personality rights damage are discussed in this paper. Secondly this article illustrates the meaning and function of the existence of mental damage compensation system, to the "state compensation law " in China to be done for the mental damage compensation system of current rules are introduced, and compared the related provisions of civil law in our country and summarized the existing problem of the system, points out that the scope of compensation for mental damage compensation system in China, the calculation of damages and national compensation for mental injury compensation conditions and to determine the factors should be considered when the rules there are a large number of blank and unreasonable. Finally, in view of the mental damage compensation system of state compensation in our country, by reference to the relevant provisions of the civil tort law as well as the reference to foreign legislation experiences put forward the Suggestions to solve the problem, hope for the future improvement of the system of compensation for mental damage have certain inspiration function.