Theory Of State Compensation In The Improvement Of The System Of Compensation For Mental Damage

New revision of the "state compensation law" for the first time into the national compensation for mental damage compensation range, this is the significant progress of the construction of the legal system in our country, further safeguard the interests of the citizens.However still faces in the our country present legal norms system of trouble, needs to be improved.This paper discusses the basic concept of compensation for mental damage in state compensation, combined with foreign advanced experience, on the basis of analysis the current situation of state compensation system in China, for the improvement of the system of state compensation of mental damage compensation is studied.This paper is divided into four parts.In the first part of state compensation for mental damage compensation system on the basis of summary of theory, expounds the concept of mental damage compensation, compensation for mental damage in state compensation concept, characteristic and the constitutive requirements of compensation for mental damage in state compensation and civil compensation in the relation and distinction between mental damage compensation;The second part analyzes the Anglo-American law system and continental law system countries related system, put forward to perfect our system of revelation;The third part illustrates the mental damage compensation in our state compensation system present situation and problems, and the reason for the existence of the problem;Fourth analysis should follow the principle of not clear, the compensation standard is not applicable to for sure, the compensation scope too narrow, such as deficiency, perfect Suggestions are put forward.