Research On State Compensation For Mental Injury

After the legal rights of civil subjects are infringed,they may cause mental damage,so civil subjects will apply for compensation for mental damage.Such compensation can compensate and soothe the injured civil subject,and can also punish the infringer.Therefore,the four functions of relief for civil rights,compensation and comfort to victims,restriction and punishment of illegal acts of state organs,and adjustment of the relationship between national interests and the interests of citizens are the four functions of compensation for mental damage.Western countries have incorporated mental damage compensation systems into their national tort compensation systems,and their establishment and development must be earlier than ours.In contrast,China’s obvious lag in related aspects has not met the needs of society and the development of the times.In a certain sense,the inclusion of mental damage compensation into the state compensation system can better reflect the purpose and function of state compensation and better protect the legal rights of civil subjects.China’s current constitution clearly writes the state compensation system,but it does not explicitly include the compensation for mental damage.The "National Compensation Law" promulgated in 1994 also lacks relevant provisions on compensation for mental damage in the state.In the case of tort moral damage compensation,the victim’s mental damage cannot be compensated because of the lack of legal basis.Because of this,Article 35 of the National Compensation Law,which was revised and implemented on December 1,2010,incorporated mental damage compensation into the national compensation system for the first time,which is undoubtedly of landmark significance.After the 18 th National Congress of the Party,General Secretary Xi Jinping repeatedly mentioned in several important speeches that "the continuous improvement of the credibility of the judiciary and the real respect and protection of human rights" is one of the important goals of China’s socialist legal system construction in the new era.To achieve this,it also highlights the importance and urgency of incorporating mental damage compensation into the national compensation system.The National Compensation Law,which was newly revised and implemented in 2010,incorporated mental damage compensation into the national compensation system for the first time,marking an extremely important step in the development of the rule of law in China.It is the strengthening of the legitimate rights and interests of civil subjects at the level of national legislation.An important measure of protection.However,because the current National Compensation Law’s provisions on the national tort moral damage compensation system are not detailed enough,Article 35 of the Law only indicates that the moral damage compensation system is included in the national compensation system.In terms of applicable principles,scope of compensation,and compensation standards There is no clear stipulation in other aspects.Such defects can easily cause the judicial organs to find no basis in determining the compensation for the mental damage suffered by the victims,resulting in the case not being dealt with fairly and the legitimate rights and interests of the victims not being effectively protected.If the case is handled improperly,it will easily become the focus of social attention and cause adverse effects in many aspects.Therefore,this article attempts to discuss the basic theory of compensation for mental damage,and analyzes the shortcomings of China’s current national tort compensation system for moral damages,and puts forward some personal suggestions for the improvement of related systems.