On The Compensation For Mental Damage

This paper starts from the concept of "spirit" to start, the definition of mental damage, analyzed the mental damage is not property, associated with four aspects of function, consciousness, subjective and objective characteristics. On the basis of further analysis of the concept and function of the system of compensation for spiritual damage. Secondly, from the point of view of the historical development of Western and Chinese compensation system for the national right infringement spirit damage, to our country before the establishment of the national right infringement spirit damage compensate system were analyzed; thirdly, because of the particularity of mental damage in state tort compensation,we discusses the establishment of national compensation for spiritual damage compensation system in our country; finally, the provisions of the compensation the current " State Compensation Law " in the spiritual damage were analyzed, while affirming its positive significance at the same time, the article thirty-fifth of the " serious consequences" of understanding and mental injury solatium standard problems discussed.