An Empirical Analysis Of Compensation For Spiritual Damage In Administrative Trial

The moral damages in the current administrative trial are mainly a kind of soothing and remedy for the damage to the relative rights and interests of the State as a state.The State Compensation Law,which was amended in 2010,and the National Compensation Commission of the Supreme People's Court on the Compensation Commission of the People's Court in 2014 The author's opinion on several problems of the application of mental damages in the article is to make a clear definition of the compensation for mental damages.The introduction and application of this concept will be conducive to the more comprehensive protection of the rights and interests of the people's spiritual level,and to further promote the construction of the government of the rule of law.The vitality of the system lies in the execution,and the present true nature of the search system also needs to be Start with the execution process and observe the operating conditions.In this paper,according to the practice of the administrative trial in the state compensation trial,the case database is used to make an empirical analysis of the cases involving mental damages in the administrative trial of the court,from which the new state compensation law is summarized and the present,The application of mental damages in the case of administrative trial can help to deepen the understanding of the relevant provisions in the theory and practice.After the completion of the 694 cases,it was found that the case of the court's support for the request for mental damages was mainly concentrated on the defendant's death,severe disability,mental illness,etc.,and the case of the rejection of the request was mainly The plaintiff's proof of proof can't,the defendant does not violate the personal right of the plaintiff,the administrative tort does not cause the "mental loss" or the "grave consequences" of the plaintiff;in which,the burden of proof and the scope of the compensation,the compensation standard is an important factor that affects the result of the case,also determines whether the court can do the case,In a timely manner.In the light of the above facts,the author thinks that the burden of proof between the plaintiff and the defendant should be reasonably distributed for different cases,and the scope of the plaintiff's proof of proof is defined.At the same time,the determination of the amount of compensation shall be further refined,and the operability of the compensation method shall be When further strengthened.