Analysis Of The Compensation For Mental Damages In State Compensation Through Nie Shubin Case

In order to further safeguard the implementation of the constitutional spirit,protect the legitimate rights and interests of judicial counterparts,and limit the abuse of power by state organs and their staff,the Standing Committee of the National People's Congress in April 2010 reviewed and approved the amendments to the Law of the People's Republic of China on Compensation.The decision of the State Compensation Law,in addition to the Article 35 of the State Compensation Law to stipulate that the state's infringement causes the victim's mental damage and causes serious consequences,shall pay the spiritual damages.This is within the scope of state compensation for mental damage compensation in China.Compensation for mental damage has now been included as part of our national compensation and is cited in some national compensation cases.However,due to the lack of specific legal provisions to determine the applicable conditions and the amount of compensation,the judges in the judicial practice cannot specifically invoke the provisions in the judicial practice-to deal with the compensation for mental damage.In the case of Nie Shubin,the parties raised more than 12 million spiritual comforts,far higher than the 1.3 million in the final compensation agreement.In response to such a result,social and academic discussions on the scope and standards of compensation for mental damage have been triggered.Accordingly,the mental damages in China's state compensation system should be combined with the experience of the compensation agencies and judges in many current cases,as well as foreign practices.In order to highlight the soothing nature of spiritual soothing money,we should broaden the scope of compensation for the state's moral damage compensation system,modify the positioning of China's mental damage system,and promote the auxiliary assistance of the state's mental damage compensation to eliminate the influence,restore reputation,and apologize.The responsibility of the order is the responsibility.At the same time,compensation for moral damages should be standardized as a multi-gradient,proportional-based reference standard.Comprehensive consideration should be given to the compensation of the applicant's moral damage,the local economic level of the compensation obligation agency,etc.,and the compensation obligation and the trial personnel can be compensated as reasonably and scientifically as possible,standard.In addition,China has established a sound supporting system for mental damage and soothing,such as a guided case library,the introduction of a national compensation expert hearing system,pre-trial consultation,trial mediation,and post-trial guidance,so as to better protect the legitimate rights and interests of claimants.Improve judicial credibility and maintain social stability.