On Improvement About Spiritual Damage Compensation Sy Stem In Administrative Compensation

"People's Republic of China on State Compensation Law"(hereinafter referred to as "State Compensation Law") that was revised in April 2010,has made up for many shortcomings of "the State Compensation Law" that was published in 1995. Among all the articles in this new Law, providing for administrative compensation for mental distress become a major highlight of the modification. However, this provision is too strict, it has met up with which principle can apply on mental distress,conclusion of severity, confirmation of the amount of compensation and other issues. Based on the needs of judicial practice, the Supreme Court in 2014 issued a "Supreme People's Court of the People UNCC Cases of National Compensation of Spiritual Damage Compensation of view"(Supreme Court issued [2014] 14, hereinafter referred to as "Opinions"), which makes a more detailed and specific provisions of the practical application of mental distress compensation system. And this judicial interpretation has solved the above-mentioned problems to some extent.However, this judicial interpretation issued in a very short time, some provisions still have a lot of problems, such as the scope of mental distress is too narrow, compensation standards is not clear at all. In this thesis, I, as the author analyze these issues, and give certain advices of how to improve the system through the research on administrative compensation "State Compensation Law" stipulated in the spiritual damage compensation system, and combined the case that is collected form the database of the law judgment documents in Peking University.This thesis is divided into four parts.The first part is the overview of the administrative system of compensation for mental distress. First, I tried to combine the concept of moral distress and administrative compensation, and define the definition of the system. Besides, I analyzed the constituent elements of the system, characteristics and properties, introduce its historical development.The second part describes the current situation from two aspects-the content of the legislation and practice situation. First, I made a summary of "State Compensation Law", related provisions of mental distress and the "opinions". After this part, I analyzed the cases that collected from the database, and proposed the problems of this system.The third part is the reference to the extraterritorial mental distress compensation system. First, I introduced the overview the mental distress compensation system of France, Germany, Japan and the United States, the United Kingdom. Besides, I analyzed the experience of building mental distress compensation system in these two legal systems.The fourth part is about the recommendation of how to improve administrative compensation in mental distress compensation system. The recommendation are proposed from four aspects--the nature of mental distress shall be changing from consolation to compensatory, the scope of mental distress shall be expanded, the standard of the mental distress shall be refined, and the guidance case shall be published.