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State Compensation To Mental Injury:Challenges, Problems And Recommendations

Posted on:2017-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:S S ShangFull Text:PDF
GTID:2296330482997418Subject:legal
Abstract/Summary:PDF Full Text Request
The revised "Chinese Compensation Law" in 2010 made provision for the compensation to mental injury, which is an important step for the advancement of the legislation system in China. With the mental injury compensation concept, the civil rights of citizens in China are protected at a higher level. However, the compensation to mental injury was legislated too late in China, the related laws are not complete and detailed, the cases are few, the research on this topic is at the very beginning.This thesis is to investigate various issues pertinent to mental injury, focusing at the legal provisions of its related vulnerabilities, the challenges and problems from the perspective of the analysis, reasoning and argumentation, and put forward recommendations to improve the relevant legal system.We argue that the revised "State Compensation Law" does not provide clear enough standards, consequently, it is difficult for judges to make good decisions in the practical application; the provisions of the compensation scope is also too narrow, which can not fully protect the human rights; there is no clear standard about the amount of compensation, and there is no provision on compensation methods and other issues.In view of these challenges and problems, we offer several suggestions. First, identify a few cases which can be categorized as "with serious consequences" by analyzing a series of cases with the same standards; Second, broaden the compensation scope by considering the personality rights; Third, make clear quantitative determination about the compensation amount by careful and clear categorization.All these suggestions will limit the judge’s discretionary power, protect the citizen’s legitimate rights and interests to the maximum extent, and help solve the problems in judicial practice of the recently revised "Chinese Compensation Law".
Keywords/Search Tags:state compensation, Compensation to mental injury, Quantification of the compensation amount
PDF Full Text Request
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