The Administrative Tort Spiritual Damage Compensation In Our Country Research

In modern society, along with the social division of labor is increasingly refined and complex matters of administrative management, growing, expanding the scope of administrative power, also in the unceasing expansion. But because of the limited nature of the executive power restriction mechanism of administrative tort, the emergence of a large number of. In order to restrict the administrative power, protect the legitimate rights and interests of citizens, China has formulated the administrative litigation law, state compensation law and a series of laws and regulations. From administrative litigation to apply for state compensation, and can cause the administrative tort damages for mental damage compensation, the law of our country has been moving forward in the protection of the rights of citizens on the road. However, the system of compensation for Administrative Tort Spiritual Damage of our country is still imperfect, especially for mental injury in the claim for spiritual damage has on administrative tort compensation, because the provisions of 《China’s state compensation law》 has provisions are not clear, the lack of operability, leading to claimants seek compensation for mental damage is difficult to obtain success, appear rarely request mental injury solatium prevailing case. Through empirical research, historical research and comparative research methods, on the question of compensation for administrative tort spiritual damage is studied, with a view to the improvement of mental damage compensation system in China to provide beneficial improvement.The first part introduces the purpose and significance of the topic, for compensation for mental damage caused to the administrative tort, the protection of civil rights can be better, this is the inevitable requirement of governing the country according to law.The second part of the article introduces the concept of the administrative tort spiritual damage compensation, including compensation for mental damage of administrative tort, spiritual damage. According to the provisions of China’s 《State Compensation Law》, the mental damage compensation is due to administrative organs and their staff in exercising their functions and powers, violations of the victim’s right of life, right of health and personal liberty is caused to the spiritual damage of the state compensation.The third part of the article introduces the Administrative Tort Spiritual Damage Evolution of China’s legislation and the relevant provisions of compensation, compensation system of our country administrative torts has experienced from scratch, from no monetary compensation to the monetary compensation, from the legislation at the national level to the local level legislation and regulations in several stages, while in progress, but still exist deficiencies, the author investigated.The fourth part introduces the Administrative Tort Spiritual Damage Compensation cases, and the case analysis, suggests the system of compensation for the tort of our spiritual damage of administrative practice.Based in the last part of the article from the foreign countries and regions on the spiritual damages of the administrative tort laws and regulations, the Administrative Tort Spiritual Damage Compensation System of our country should improve the place, including clear what "State Compensation Law" in the "serious consequences" expand the Administrative Tort Spiritual Damage Compensation to determine the scope, compensation standard, compensation for spiritual damage in clear litigation the burden of proof, so as to achieve better protection to the legal rights of citizens, the spirit damage compensate request smoothly.