Research On The Issue Of Compensation For Moral Damage In State Compensation

The state compensation for moral damage compensation system established in question is a measure of a country's level of democracy and rule of law in the construction of an important benchmark, although China has been in the "State Compensation Law" clearly defines the spirit of the question of damages, reflects the progress of legal construction. But in the specific amount of compensation, compensation standards and other aspects of the provisions are not clear, making mental damages on the practical operation in the country in the field of compensation, not fully play its proper legal significance.This paper introduces the basic definition of the opening State Compensation and mental damages. Then on the issues of foreign mental damage compensation system comparative analysis Draw worth perfect field of state compensation for moral damage compensation system can learn from foreign advanced requirements, in reality, during the operation in the exposed part of the problems and shortcomings exist in the field. Then come to improve the relevant recommendations for compensation for moral damage compensation system in the field of State, in order to be able to play our mental damage compensation system should contribute to a sense of their own power in the country in the field of compensation.First, a clear definition of state compensation, Including national implications as well as the provisions of the State Compensation for damages on different legal classification;then a clear spiritual meaning for damages, there is proposed a definition and meaning of countries in the field of compensation for mental damages. For moral damage compensation under the State Compensation framework regroup, draw meaning of the field; China's current "State Compensation Law", clearly defines the spirit of the damages, affirmed the country make material compensation for moral damage issues, this is a gradual improvement of our national compensation legislation. It is a big step forward in our country, but compared to the world's high level of development of the rule of law to other countries, our state compensation of moral damage compensation, there is a certain lack of shortage. If there is no "severity" of the specific provisions of the extent of damages against the spirit, prescribed amount of compensation is very vague; lack of appropriate oversight mechanisms, we know a good run in any one system cannot do without supervision, the mental damage compensation system in the field of state compensation is also true, there is no effective oversight bodies, no complete recovery system, this system allows loopholes in practice it is difficult to avoid; in the course of the regime in practice, we also found that, for this particular system has not completed its own procedures, procedures for entities, its value is selfevident, and other judicial proceedings the same, the program will lead to injustice entity, so we also need to establish a sound compensation program, effectively meet the needs of this system has been running, because of various problems mentioned above, this system makes the lack of maneuverability in practice. Finally, for the abovementioned problems exist, specially made perfect proposal, as clearly the amount of compensation, determine the compensation standards, expand the scope of compensation, sound legal proceedings, improve the supervision mechanism.