The Perfection Of The System Of Mental Damage Compensation In State Compensation

The development of society has brought about the awakening of political civilization and legal consciousness.Using law to protect rights has become the main way for modern people to protect their rights.As an important supplement to the national legal system,spiritual compensation is the inevitable result of historical progress,which has great theoretical and practical value for the improvement and construction of the system.From the theoretical level,the establishment and improvement of the national mental damage compensation system is to help the victims suffer from mental trauma,and the state provides certain compensation to make up for the important damage caused by it.It is to put the rights of the victims under the jurisdiction of the state,which can expand the scope of state compensation to a limited extent,and reflects the constitutional right of the people’s Republic of China The spirit of human rights protection.From the practical point of view,if the construction of the rule of law for tort lacks the link of spiritual compensation,the whole system will be imperfect.And this link into the relevant legal construction,can realize the systematization of the rule of law,and effectively improve the level of the rule of law in our country,promote the development of human rights of citizens,and can effectively regulate the behavior and law enforcement procedures of state agencies and law enforcement personnel,so as to increase the illegal cost of state agencies in the process of law enforcement,reduce the improper intervention of individuals,in order to achieve the unity of power and responsibility 1、 And clearly protect the legitimate rights and interests of citizens.At the same time,citizens in unequal status are infringed by the state.Through state compensation to eliminate private rights’ dissatisfaction with public power,it helps to maintain long-term social stability and promote social harmonious development.Although the national spiritual compensation system has been basically established in our country,there are still some defects and flaws to be improved.We should actively improve the national spiritual damage compensation system,keep pace with the times,and better protect private rights and interests according to our national conditions,the relevant legislative experience of foreign countries,and the experience accumulated in the process of legal practice.Based on the above considerations,it is of great significance to carry out systematic research on related issues.This paper is mainly divided into four chapters,mainly following the research ideas of theoretical discussion,practical analysis and suggestions.The first chapter is an overview of China’s spiritual loss compensation system,and a comprehensive review of the relevant definitions,elements and historical evolution.The second chapter mainly reveals the problems and deficiencies in the development of China’s spiritual loss compensation system,and on this basis,combined with theoretical analysis to explore the internal reasons.Then according to the actual case to verify the analysis results,and explain the reasons for its existence.The third chapter mainly studies the development and construction of the foreign spiritual compensation system,and makes a comparative analysis of the relevant system construction in Germany,France,Japan and the existing system in China,so as to provide an important reference for the construction of the national spiritual compensation system in China.The fourth chapter,based on the contents of the previous three chapters,puts forward relevant countermeasures and suggestions to improve the spiritual compensation system in the state compensation,mainly points out that in the scope of compensation,whether the third person and the legal person organization have the right to claim compensation,we should strengthen the relevant theoretical discussion and the construction of the rule of law,and reasonably distribute the rights and responsibilities between the two sides in the spiritual damage,There are four aspects: to judge the degree of infringement effectively,to determine the amount of compensation for mental damage,to formulate relevant compensation standards,to pay attention to non property liability,and to actively eliminate the adverse impact on the victims.