Research On Compensation Problem Of Mental Damages In National Compensation

Mental damage compensation system, is a country with the purpose of material comfort to fill the victim's spiritual damage. "State Compensation Law "specific provision about mental damage has been six years.The system's establishment of state compensation in our country benefits a lot to the development of the judicial system. However, "State Compensation Law" article 35 as a foundation for national tort claim of compensation for mental damage, makes the system did not achieve the ideal society. It needs to solve two of the most prominent problem-severe mental damage determination and the amount of compensation for mental damage. It needs to base on relevant provision in "State Compensation Law ", at the same time, base on the national compensation for judicial practice, analyze the typical compensation cases and refer to the mature regulations in the field of civil law in our country, base on the experience of the foreign model.On the basis of the above,severe mental damage judgment and the amount of compensation for mental damage problems should follow the legal procedure.To the first question, it should clearly state compensation in severe mental damage judgment follow "basic requirement +social requirement " pattern. And the determination of the amount of compensation should also follow the correspond steps, first distinguish between material damages and spiritual damages, and then the basic principle of the judge discretion is throughout the entire case, the judge's reference factors include the necessary factor of damage compensation, finally the compensation amount shall be not less than the minimum, adhere to limit compensation cannot be higher than the highest standard of compensation.