Specification And Control Of The Government’s Public Service Outsourcing

The newly revised "the people’s Republic of China State Compensation Law" has implemented since December1,2010, many problems in the judicial practice has exposed and revealed, the compensation for mental injury solatium system because of legislative provisions described too simple, and do not have corresponding judicial interpretations of the compensation for spiritual damage compensation, payment of comfort standard, calculation method to be refined, resulting in the judicial practice for mental injury solatium less, not to a soothing effect on the victim’s psychology phenomenon. A protective compensation reflects the state of the citizens’right of the person of the administrative tort spiritual damage, is reflection and compensation for infringement of civil rights in the country. Perfect mental damage compensation for administrative tort field compensation system has important significance to the legal system construction of socialism in china. But how to perfect the compensation for Administrative Tort Spiritual Damage scholars opinions are not unified this article try to do some research on how to improve our current administrative mental damages compensation system. To perfect the administrative compensation for spiritual damage should start from perfecting principles, specific judicial practice differ in thousands of ways, laws and regulations can not be very detailed, at the same time the spirit damage is intangible, tangible and property damage compensation, the judges need play discretion, which leads to the same types of cases, the amount of compensation for spiritual damage of administrative gap a large, objective standard of administrative tort damages the spirit of the important invisible is the principle of compensation for administrative tort spiritual damage, make the exertion of discretion in this standard, avoid the huge gap of similar cases appear the decision result, influence of judicial public faith. Secondly, the administrative tort spiritual damage compensation is an important spiritual damages of the administrative tort problem, general statute law countries on administrative tort spiritual damage compensation range and direct clearly lists the range, the current "State Compensation Law" has also been listed, but only for the right to life, the right to health, personal the right to freedom of spirit damage caused by the payment of mental injury solatium, has the personality of symbolic significance to the right of chastity, mental right of personality, the spiritual interests, property and other rights are spiritual benefit loss caused by the infringement is not compensation, this paper puts forward some constructive suggestions on the scope of compensation for Administrative Tort Spiritual Damage perfection country. Finally, the Administrative Tort Spiritual Damage Compensation in our country standard and calculation method is not specific provisions of the law, China’s "State Compensation Law" the thirty-fourth stipulation:"causing serious consequences, should pay for the damage to the spirit of the solatium." For "serious consequences" for the "serious" is not clearly defined, nor the introduction of relevant judicial interpretations on the severity of the consequences of the violation of norms, For "the damage to the spirit of the solatium""corresponding" should for how many, how to calculate, no specific quantitative criteria, this paper from the differences between the administrative tort type, making a quantitative reference formula, the spiritual damages of the administrative tort and the lowest maximum on-line off the assembly line to define and provides discretionary reference factors to perfect the Administrative Tort Spiritual the standard of compensation for damage, the calculation methods were discussed. The Administrative Tort Spiritual Damage Compensation and the constitution Chinese home to respect and guarantee human rights, echo each other at a distance, reflect the modern state of civil rights and humble attitude, the spirit of administrative infringement damage China’s pension system implemented soon, believed by scholars system research and judicial practice, the accumulation of experience, the system of compensation for administrative tort spiritual damage will be more perfect.