Study On The Administrative Tort Spiritual Damage Compensation System

Looking at the development of the law of the world,history is always followed the same path in the same direction,as this paper to study the system of the administrative tort spiritual damage compensation.France,in 1961,"Ledisiang case" was a watershed around the worldwide that the administrative tort spiritual damage compensation started from �refusing to pay compensation�to �the compensation�.Then with the development of the system,it successfully opened the door to claim money compensation.In the premise of maintaining common,states around the world also created its own rules.In 1994,the State compensation Act of our country was enacted.We had to admit that its enactment was very late,and at the meantime,the social effects of the act also was unsatisfactory.The reason is,firstly,I think it's the legislation itself.Secondly,people do not have a correct understanding of the Law.Thirdly,legal consciousness and lack of legal knowledge;Finally,the judicial environment in our country,and so on.In 2010,the State Compensation Act started to completely revise,and achieved great breakthrough.Since then,the system took a solid first step in the development stages of "money compensation of mental damage".On July 29,2014,the Supreme People's Court come up with 9 guidelines to guide the judicial.Mental health and physical health are equally important,which both are the most basic rights of the people,so that the law should also give the same evaluation.For a long time,mental damage could not get money compensation because of mental damage could not be measured like physical damage.With the rapid development of economic,scientific,medical and technical,the theory that if the damage cannot be measured,you got no monetary compensation could not be acceptable any more.The truth is even the mental damage cannot be measured,the victims still should get the money.The key is to find a balance between the government and the victims.I think money compensation of mental damage is the world greatest achievement in the history of the law.Therefore,as our young and unformed administrative tort spiritual damage compensation system,we should spare no effort to develop it,to improve it,to promote it,to achieve it.This is exactly the point of this article.The text is divided into five chapters,and the first chapter is an introduction.The main body content starts from the second chapter to the end of the fifth chapter,detailing the author's ideas and suggestions.Chapter two is about an overview about the system.Chapter three is about the current situation and problems of the system.The author deeply analyzed the current situation through different level,and based on the current situation,the author came up with 8 problems,the setup of the national compensation act is not reasonable;the range of the spiritual damage compensation is narrow;the burden of proof is not fair;to confirm �serious consequences�is still ambiguous;the evaluation standard of money compensation is not reasonable;the definition of the money compensation is too low;accountability system is fuzzy;the lack of targeted relief program.The fourth chapter introduces the administrative tort spiritual damage compensation of typical countries between two legal systems,and we should learn from them.The fifth chapter is the last chapter.It is about suggestions.The system has 8 problems,and we do a lot of studies about other states,so the author also come up with 8 suggestions to improve the system.Including: the system should become a independent chapter;expand the range of the spirit damage compensation;using judicial presumption in proof;introduce a new standard to identify �the serious consequences�;different damage,different compensation;improve the spirit damage compensation positioning standard;establish a clearly and strictly accountability system;allow to review the mental damage compensation.