Perfection On The System Of Compensation For Mental Damage In The State Compensation Law

On April 29,2010,the amended "National compensation law" established the mental damage compensation system by adding article thirty-five,which was called "an important breakthrough in China's national compensation system" by academia,which is sufficient It embodies the state's protection and attention to the spiritual rights of citizens,and fully reflects the country's constitutional concept of effectively respecting and protecting human rights.However,due to the late start of chinese research on this system,and the subjectivity and nonquantifiability of mental damage itself,the system of compensation for mental damage lacks certain applicability in practice.This article believes that the principle of the national compensation law for the calculation of the amount of compensation for mental damage is not clear,the criteria for "causing serious consequences" are ambiguous,the scope of compensation for mental damage is narrow,and there is no provision for the calculation of compensation for mental damage.The factors that need to be considered make the compensation system for mental damage fail to achieve ideal legal and social effects.Obviously,in order to give full play to the role of this system in the field of national compensation,it should be improved in four ways by issuing judicial interpretations: first,the principles to be followed in calculating the compensation for mental damage should be clearly defined;second,the refinement The specific situation of "serious consequences";once again,the scope of compensation for mental damages should be appropriately expanded;finally,the factors to be measured to calculate the compensation for mental damages are clearly defined.