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Study On The System Of Compensation For Mental Injury In The State Compensation Law

Posted on:2019-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y JiangFull Text:PDF
GTID:2416330566999805Subject:Law
Abstract/Summary:PDF Full Text Request
The system of compensation for mental damage is a general rule in the legal system of modern countries,which marks the great development of the system of human rights protection in the rule of law.The state compensation law,which was revised in 2010,has clearly stipulated the system of compensation for mental injury,highlighting the spirit of constitution that respects and safeguards human rights.However,China's "State Compensation Law" article thirty-fifth as the criterion of spiritual compensation for judicial application still exist some problems,such as the principle of imputation is unreasonable and the compensation scope is too small,"serious consequences" lack of clear and specific standards and other defects,these make people difficult to obtain the corresponding legal relief.This paper focuses on the provisions of the State Compensation Law on the compensation system for moral damages,based on the basic principle of compensation for mental damage,combined with related cases which focus on the analysis of the defects of the system of compensation for spiritual damages in state compensation law the provisions of article thirty-fifth and the insufficiency,at the same time,compared the legislation system of compensation for mental damage of foreign countries.Finally,suggestions was put forward to perfect our spiritual damage compensation system in State Compensation Law: from the normative level,imputated the system of compensation for the reconstruction of mental damage,properly enlarged mental damage compensation scope;on a practical level,we should improve the legislation on compensation for mental damage,the purpose,function,standard of measurement and method of calculation of compensation should be brought closer to civil compensation.
Keywords/Search Tags:Compensation for mental damage, State compensation, Grave consequences, Mental damage soothing
PDF Full Text Request
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