Quantitative Study On Compensation Of Spiritual Damage In Cases Of National Compensation

The national compensation law of China has established since 1994,many citizens have begun to know how to use this way to safeguard their legitimate rights and interests.Influenced by the concept of human rights continuously,people usually claim compensation for spiritual damage.Although there were not too many cases of mental injury compensation in state compensation,there were widely social impacts due to the particularity of the injustice cases.Therefore,these problems have been gradually paid attention to by the scholars and researchers.There have been a lot of relevant theoretical studies.But most of them are qualitative research,and only theoretically discuss the importance and possibility of establishing mental damage compensation standard,the quantitative researches were very few.China has always stressed the importance of scientific legislation.And quantitative research is obviously an important way to promote scientific legislation and to control the arbitrariness of the judiciary.The paper is divided into four charters,and the main contents are as follows:The first charter is the introduction.Firstly,it introduces the development and legislative status of the compensation system for mental damage in China.Secondly,after analysing some typical cases,it points out that there are many problems in the operation of the compensation system for mental damage in the state criminal compensation cases.The main reason is the lack of reparation criterion.Then it reviews the theory and applications of quantitative methods used in law and the legislation of spiritual damage conpensation.Thirdly,it introduced feasibility of quantitative method applied in legal field and its innovation.The second charter discribes the process of data collection.It collects the cases published on the Internet in 2017,and extracts the various factors that affect the compensation for the mental damage of the final judgment.Secondly,Then the SPSS 22.0 software is used for description and analysis.In order to explore the factors that should be considered and that had to be neglected,it analyses the relationship between different factors and the actual spiritual compensation in detail.The third charter discribes the modeling process.It illustrates how to use the compensation model of mental damage,and points out the advantages and disadvantages of the model.Just like many other models,this model also needs to be amended constantly.In the final charter,it summarises the main points of this study,and proposes some advices for improving the spiritual compensation system of China in the future.With the continuous development and integration of disciplines,interdisciplinary methods would offer some new ways for legal research.Although there are still many shortcomings in this study,it expects to play a role for the reference of legal research,legislation and judicial practice.