| Article 35 of the newly revised "State Compensation Law" in 2010 stipulates the compensation system for mental damage involved in state infringement,which is a great progress in China's legislative system.In the process of building the rule of law in our country,citizens' awareness of the rule of law and the awareness of rights are constantly improving,which has a deeper understanding and higher requirements for the protection of human rights.The revision of the state compensation law reflects the determination of the state to protect the rights and interests of citizens,and is an important measure to protect human rights,promote the fairness of the rule of law,and strengthen the construction of the rule of law.With the establishment of the compensation system for mental damage and the continuous improvement of people's awareness of mental damage,the infringement cases of state administrative organs have been paid more and more attention.The issue of compensation for mental damage has become a hot topic in the society and the focus of public opinion.However,due to the late development of state compensation in China,there are still many defects and loopholes,such as the general interpretation of the concept of compensation for mental damage,unclear standard of liability,narrow applicable regulations,unclear standard of compensation amount,etc.,which are not conducive to guiding judicial practice,resulting in a large number of unjust cases and wrong cases.At present,the system of compensation for mental damage in state compensation should be improved from the following aspects: clarifying the nature of compensation for mental damage,expanding the scope of compensation for mental damage,establishing compensation standards for mental damage,giving judges certain discretion and defining the "serious consequences" in spiritual compensation in detail,and promoting the transformation of spiritual damage compensation from soothing type to compensation type. |
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