An Analysis Of The Series Of Cases Of Spirit Damage Compensation In State Compensation

Spiritual damage compensation in the state compensation cases,refer to a compensation and protection system which demanding the organ under compensatory obligations to do the compensation because of the personal rights or other important rights of a natural person infringed by the public official,make their personality interests,identity and other important interests loss,or suffer mental anguish.In 2010,the "State Compensation Law" of China was amended in the spirit of the compensation system for the corresponding provisions,and there are also relevant judicial interpretation has been passed for continuous improvement.But because of the legislative practice in China is not mature,some problems in theoretical research is not deep enough and the law itself,there are still some problems in practice can't be solved.These problems has caused many contradictions,and even some scholars raised doubts about the state compensation law 's validity.Therefore we need to further improve the subject and object scope of the application,the compensation standard,and the application of non-property responsibility about the spiritual damage compensation in the state compensation cases,in order to improve the situation for the improvment about the national compensation for mental damage cases.This paper starts with three cases about spiritual damage compensation in the state compensation,Chapter 1 introduce the basic facts of case and the court judgment;Chapter 2 summarizes the focus of dispute between the two parties: One is whether the victim's close relatives suffered spiritual damage can apply for spiritual damage compensation;The other is if we can use the media to eliminate the negative impact,rehabilitate the victim's right and apologize for victim;And the rationality of the national spirit of solatium standards that the court has determined.Chapter 3 makes a legal analysis of the problems caused by the controversy,and analyzes the problems existing in the system of spiritual damage compensation in state compensation in China: Firstly,the scope of compensation was too narrow;Secondly,non-property liability is difficult to implement;Thirdly,the compensation standard is unreasonable.Finally,the author puts forward some suggestions on how to perfect the system of spiritual damage compensation in state compensation in China: One,add the victim's close relatives to the mental compensation subject scope with appealing right;Two,strengthen the application of non-property liability;Three,change the comfort criteria to to compensatory standards;Four,calculation of the national mental injury solatium reasonably;Five,the spiritual damage caused by special property damage will be included in the object of the scope of compensation to spiritual damages.