Research On The Compensation System For Mental Damage In My Country's State Compensation

In 2010,China revised State Compensation Law for the first time The highlight of this amendment is the inclusion of mental injury compensation into the state compensation for the first time,which is an epoch-making progress in China's legal system.This change indicates that the spiritual rights of Chinese citizens have been protected at a higher level.Although in 2014,the Supreme Court issueThe Compensation Commission Of The People's Court For State Compensation Cases Opinion On Some Issues Of Compensation For Mental Damage(hereinafter referred to Opinions),it further clarified the application of the state mental injury compensation system.However,with the rapid development of social economy,people have a deeper understanding of human rights and have a higher demand for the protection of spiritual rights.As a result,the current state spiritual damage compensation system has been unable to meet the people's growing demand for spiritual rights protection.The author through to July 29,2014 to September 25,2019,100 cases of criminal spiritual damage compensation cases analysis,found that present a case in the judicial application causes a wide variety,high mental damages of application amount and attains the odds of high characteristic at the same time,there are serious consequences that mental injury compensation range is narrow,not unified,non-monetary property responsibility to carry out the problem of inadequate,especially the misdemeanor heavy sentenced to detention the victim can't get compensation,independent right of claim of compensation for mental injury victim near relative lack of these two new problems,and cause the patentee's lawful rights and interests can not get full guarantee.The root of the problem is that for mental injury confusion leads to different connection,defines the concept of qualitative is unreasonable,the national standard of the compensation for mental damage caused by anodyne standard compensation range is narrow and the compensation standard is too low,too low compensation standard is difficult to make up for the loss of a crime victim,unable to soothe the suffered huge trauma,also appear high complaint rate and case compensation phenomenon,therefore,the state mental damage compensation system needs to be further improved.In terms of scope of compensation,from two aspects of legal theory and practice,analyzes the misdemeanor heavy sentenced to detention should be included in the scope of compensation for mental injury,in the national direct victims due to the infringement under the condition of serious injury or death,the victim's close relatives will produce reflective spirit damage,and thus produce severe mental pain,should give the victim close relative independent right of claim of compensation for mental injury.From the perspective of jurisprudence and practice,the author analyzes that the heavy sentence of misdemeanor and extended detention should be included in the scope of compensation In the determination of serious consequences,in addition to the several circumstances stipulated in the Opinions,the wrongful criminal prosecution causes serious mental damage to the party concerned and shall be determined to cause serious consequences.In the standard of compensation for spiritual damage,the current standard of soothing compensation should be changed to the standard of compensatory compensation,the benchmark proportion of compensation ceiling should be raised from 35%to 50%,and the indirect loss and predictable income should be included in the compensation scope.We should strengthen the role and status of non-property liability methods in the national compensation system for mental damage,implement and refine the non-property liability methods to enhance effectiveness,so as to better protect the legitimate rights and interests of the victims and safeguard the justice of the law.