On The Improvement Of Administrative Infringement System Of Compensation For Moral Damage

It took five years, after the State Compensation Law, the NPC StandingCommittee four times to consider the amendment was finally introduced, the modified"State Compensation Law" on the rule of law is an important milestone.Revised"State Compensation Law" cleared the channel request state compensation of victims,updating the institutional establishment of state compensation, improve the nationalcompensation program in many aspects of new developments andbreakthroughs.Which most people are concerned about the changes, establish asystem of administrative tort compensation for moral damage, as the new "StateCompensation Law" Article35.Earlier, the State does not provide for compensation ofmoral damage compensation system, in practice, many of the legitimate rights andinterests are infringed are not protected.More importantly, this modification alsoproposed the concept of the spirit of solatium, through material compensation formoral damage is to soothe, reduce mental anguish. Although the revised "StateCompensation Law" establishes that the system is a qualitative progress, but itsprovisions are still many problems.For example, in emotional situations applies onlyrequired to be "serious consequences", what serious consequences, seriousconsequences, including what specific circumstances provision does not stipulate.Another example is the spirit of solatium calculation rules do not carry certainstandards, in practice, it is difficult to achieve different compensation for damage todifferent purposes. Therefore, this paper mainly in the spirit of the modifiedadministrative tort damages system established for the topic, focusing on provisions toidentify defects, and by comparing our tort system of compensation for moral damage,as well as some foreign countries about the moral damage compensation systemrelevant provisions of the proposed continuous improvement of administrative andMental Damage system and put forward some feasible measures.Moral damage compensation system in our spiritual damage on tortcompensation system more perfect, the Supreme Court issued a "spirit of the SupremeCourt regarding the determination of tort liability for damages to explain a number ofissues," the more detailed provisions of the spirit of civil damages, State compensation of moral damage compensation system is very good on thereference data. The author’s main point is to improve the system of administrative tortmental damage, should be the main aspects of the relevant provisions from the scopeand spirit of the applicable compensation for solatium.For the scope of compensation,I think we should be personality has also increased interest in spiritual compensationfor the applicable circumstances, such as administrative relative person’s reputation,privacy, name and so on in order to prevent violations of the provisions of the object,for infringement of the right to act should be given compensation. Scope of moraldamages solatium, depending on the circumstances, the "serious consequences"specific, set certain circumstances, for qualifying recognized as causing seriousconsequences; calculation rules is the key object of this study, our calculation rulesestablished, may refer to the relevant provisions of some foreign countries and regions,our tort system of compensation for moral damage related provisions, the use of acomprehensive analysis method, combining the actual situation of the case itself,determine a reasonable amount of compensation.