| The consequences resulting from the mal-implementations of administration are more serious in terms of spiritual torts than in terms of physical damages in many cases. Currently, most countries have laid out clear stipulations on the compensation of spiritual torts, and the establishment of this mechanism of compensation is considered as an important index showing the level of democracy of a country. However, in China, as the compensation of spiritual torts has not confirmed by law, some legal procedures are conducted in the absence of law and the legitimate interests of people are not effectively protected. This phenomenon is harmful to the realization of the people's democratic rights, making social members doubt the administrative organs and leading to the abuse of power as well. In a word, the absence of the compensation of spiritual torts impedes China's attainment of the goal of building a law-governed country.Based on the contemplation on the theoretical ground for the absence of compensation of spiritual torts and the analysis of the historical clue of China's compensation mechanism, this dissertation points out the actual existence of spiritual torts performed by the government, analyzes the feasibility of the confirmation of compensation of spiritual torts, and hopes the system of state compensation can be completed in time so as to become an effective means to protect the interests of people. The addition of the compensation of spiritual torts to the system of sate compensation is not merely an issue about law, but one related to the level of China'srecognition and protection of the dignity of people and human rights. The all-round remedy granted by the country when the public right intrudes on the interests of individuals is to represent the pursuit of law for fairness, justice and idealness. In China, the mechanism of the compensation of spiritual torts is in urgent need not only from the perspective of constructing democracy and legal system, but from the angle of refining social ideology, strengthening economy, and promoting international exchanges. It is to be an indispensable measure for the effective protection of the legitimate interests of people, a vigorous force to drive and supervise the lawful administration and a reflection of the fact that the country and the government represent the interests of the people.China has made the principle of governing the country by law as the fundamental strategy. Therefore, it is imperative that the country set up a remedy system for property loss, among which the compensation of spiritual torts is definitely indispensable. Only by establishing the kind of compensation system as early as possible, can the government succeed in providing all-round remedy for administrative torts. Thus, the interests of disadvantageous people can be well protected and the law's ultimate goal of social justice can be fulfilled. |
