The Legal Analysis On National Compensation

National compensation law is a special kind of tort liability law. The role of national compensation such as the protection of citizens' rights, adjusting public or private rights, regulating state power and so on is to a great extent decided by its value orientation. National compensation is usually stipulated in the constitution and when we put the highly generalization of constitutional provisions into actual operational concrete system we need corresponding legal to complete. The provision of national compensation law and other relevant compensation is to implement the constitution provisions, so that we can truly establish national responsibility system. In the 1980s, after we restored legal construction, we progressively established civil, administrative and criminal responsibility. But national responsibility system is relatively backward. The issue of "the administrative litigation law" in 1989 and the issue of "national compensation" make this condition to change.It is constitutional citizens'rights to protect citizens, legal persons and other organizations to drive national compensation. Our current constitutional rules are very principle, and it does not be operable. So that it makes this right only stay in constitutional provisions and not become actual rights. So we can see that the formulation of "the administrative litigation law" and "national compensation" implement a constitutional guarantee civil rights constituent spirit and purpose and this is to the constitution about national compensation claim prescribed materialization. Especially that "national compensation" is the formulation of state compensation scope, the claimant for compensation, the organ under compensatory obligations and compensation procedures, so that this effective guarantee the victim to exercise state compensation claim. We regulate the substantive issues and procedures of national compensation to establish national responsibility system. Recently, the media pay much attention to Zhao Zuohai state compensation, and many scholars and experts declared their opinion, and the general public also expressed their views. The article will analyze this case from the national compensation.National compensation range is the core issue of state compensation. The problem it solves is that the country to which the state organ damage compensation what caused the problem. Now the country has spiritual damage compensation included in the scope of state compensation. This paper is mainly divided into three parts, and I first made "Zhao Zuohai won the national compensation" as an example to illustrate the derivation of content. The first part of the article mainly elicited the case and briefly analyzed the case. And in the second part, I analyzed the case concretely. Zhao Zuohai case mainly involves the scope of state compensation problem, especially involving the spiritual damage compensation, but the mental compensation is not included in this 65 million yuan.11 years of life as well as the separated family, damaged the spirit of Zhao Zuohai greatly. Therefore, the main content of the second part of the article mainly made the Zhao Zuohai case as an example to state compensation for mental injury, concretely analyzes. The third part is mainly aimed at case triggered national compensation law thinking--perfect, and in this part I put forward some improvement suggestions of state compensation and countermeasures, and I also briefly discussed the significance of state compensation in this part.