Study On The Scope Of The Third Party's Claim About National Compensation For Spiritual Damage

The state compensation law was revised in 2010,and the system of compensation for mental damage was established for the first time.The provisions of this Law "provisions of article third or seventeenth circumstances, causing mental damage, it should be in violation of the impact, eliminate the influence for the victim,to restore the reputation of an apology; causing serious consequences, shall pay for the damage to the spirit of solatium."That is to say,the person who causes mental damage and causes serious consequences shall pay the corresponding compensation for mental injury, which is called the state compensation system for mental damage in our country. Established the system of compensation for mental damage at the level of national compensation, our country has made great strides in respect and protection of human rights. However, through the case analysis of specific judicial practice, such as Xu Hui rape and murder case, Nian Bin case, the application of the national compensation for the arrest of innocent cases of Zhu Hongwei. It is not difficult to find out the shortcomings of the system--no compensation for the mental damage of the third party. Then, through the analysis of the judicial results vocative Hu Ge Ji Le Tu, and part of the third national compensation for mental damage had been approved.With the complex interpersonal relationships and diversified social form,between tort and damage results,often showing a "one fruit" state. That is,an infringement may lead to multiple damage to the consequences, such as lead to many people's mental damage results. From the perspective of legal philosophy, law and economics, legal sociology, according to the "damage, that is, compensation," the basic principles of tort law, state infringement from the nature of speaking, with the civil subject of infringement is no different. State infringement of the third person's mental damage, should also be no different to give the appropriate damages. If the particular third person's mental damage reaches a verifiable severity,the third person's mental damages request should be given due consideration.What is appropriate? That is, how the scope of the third person should be limited.Based on the close relationship between the state compensation system and private law, on the basis of the judicial practice and legislation in private law, this paper, from the subject of the infringement, the scope of the "source" damage, the scope of the third person, the purpose of the third party to determine the scope of the application of the spirit of compensation for the third person, and derived the spirit of third-party compensation for the spirit of national compensation. The right to life (the loss of identity rights), the right to health, the right to liberty, etc. (personality rights) damage,and directly or implicitly lead to the relative relative to the person's immediate family(based on the behavior of the State's tort (administrative, judicial) Relatives of relatives, relatives of the descendants) of the verifiable mental damage, should be given to the third party of the independent (independent claim) the spirit of the state compensation.