Perfection Of The Spiritual Infringement Compensation System Of The National Compensation Law Of China

The article 35 of the new amended National Compensation law officially establish the mental impairment system in the national infringement right area,which signs the epoch-making progress of the national compensation system and signs the attitude and determination of the country on protecting the personality rights and interests.Under the background of continuing progress of the construction on society with rule of law and the improving of citizens' awareness of law,the citizens have a more profound acquaintance with the human rights and have more intensive expectation and requirements of the personal legal rights and interests,especially the non-property rights.Our national is in the progress of social transition,the extension and offside of the administrative power and judicial power is an indisputable facts.When the national rights violates the level rights and interest of the counterpart,the adequate comfort and compensation can immediately compensate their sprit damages,which is not only beneficial to correct and punish the administrative and judicial activity,but also make the citizens believe more in the legal and the public power department,and can generate a good social result among the masses.On the same time,it is not difficult for us to discover that there is a huge loophole in the article 35,for instance the compensation concept is lag behind,the compensation area is narrow,the compensation standard is vague,the judicial practice lack operability and so on,the judges can not use discretion rights,for lack of strict principles and standard,the concrete judgement results are not reasonable and the results of judgements of the resemble cases have huge difference,and the goal and function of the national compensation law can not be achieved.Therefore,this thesis argue that there is necessary to review and adjust the article 35 to better adapt to the judgement needs and protect the social fairness and justice.This thesis will reveal the legislation status by the typical cases,introduce the basic principles and domestic and overseas relevant systems and development skeleton,analyze the value of improving the spiritual compensation system and bring out some suggestions and thoughts for constructing and improving the national spiritual compensation system.Throughout the domestic and overseas spiritual compensation system,thought the system stated late,but progress rapidly and the civil area have established the relatively perfect spiritual compensation system and the introduction of the system into national compensation area have promoted the discussion and research on the public law and private law.Refection and construction of this key system which related to the relations of material interests and spiritual interests,the form law regulation and substantial regulation,the rights and power.The significance will be profound and have a long effect.