The Mental Compensate Institution In National Compensate System

1994 "state compensation law of the People's Republic of China" only specifies the property damage compensation, and legal experts, legislators of unremitting efforts, the state compensation law in our country in 2010 the first significant change, compensation for mental injury solatium in this modification was formally introduced in. But it is important to note that the revised "state compensation law" is only a simple regulation of mental injury compensation system has not explained in detail, a judge of such cases the referee tend to lack of the basis of a more rigid, and only a few serious damage to the infringement of citizens' rights to compensation, "the state compensation law of the People's Republic of China" in 2012 after the second correction to the compensation main body and procedure issues such as modified, further improve the system. But with other countries and our country about the rules of the mental damage compensation in civil law, the system still has a lot of places can be improved, so need to legal scholars added colleagues work together to be revised. This article mainly from the following four aspects to a more comprehensive analysis of the system.First of all is to define the problem, solve the problem of compensation for mental damage is what, only to understand the problem thoroughly to more in-depth analysis of the system, mainly from the three aspects of concept, characteristics, elements, narrative, at the same time, contrast analysis of the national spirit of the tort and tort damages the similarities and differences.Secondly through the real case of the current reality of state compensation for mental damage compensation system in China, summarizes its deficiency in practice. Although our country's national compensation law for the second time in 2012, the state compensation law of spiritual damage compensation system still exists many problems, such as function orientation is up for debate, the compensation scope of subject and object are too narrow, classification compensation standard is not clear, the principle of compensation is not clear, and so on.Comb again outside the experience of the national compensation for mental damage compensation system, Anglo-American law system countries for national tort and tort, apply the same rules of law of continental law system represented by Germany, Japan, in such aspects as mental damage compensation scope and standards are more refinement rules, compared with this, the author analysis and then make a summary.Finally aimed at these deficiencies in the author's some Suggestions, to supplement the spiritual damage in our state compensation legislation deficiency, hope to be able to compare scientific construction of national compensation of mental damage compensation system.