Research On The System Of Compensation For Mental Damage In Administrative Torts

Article 35 of the National Compensation Law,passed in 2010,provides for compensation for spiritual damage caused by administrative infringement: "In any of the circumstances specified in Article 3 of this Law,if spiritual damage is caused to a person,it shall be within the scope of the impact of the infringement,eliminate the impact on the victim,restore his reputation,and apologize;if serious consequences are caused,compensation for spiritual damage shall be paid." The new "National Compensation Law" has realized the process of the national spiritual damage compensation system from zero to one,which is of great significance,reflecting the concept of human rights in this field.However,due to the lack of specific normative provisions,the system cannot be implemented well in practical application,and there have also been more or less problems.Including compensation standards,compensation scope,amount calculation and other issues of mental damage compensation.In July2014,the "Opinions of the Supreme People’s Court on Several Issues Concerning the Application of Mental Damage Compensation to the Trial of State Compensation Cases by the Compensation Committee of the People’s Court"(hereinafter referred to as the "Opinions")emphasized the content of spiritual damage compensation for administrative infringement,which played a good role in correctly applying the provisions of mental damage compensation and resolving disputes.In recent years,as many cases of compensation for mental damage have attracted public attention,in order to respond to the people’s demands for spiritual interests and social concerns.The Supreme Court has summarized its experience and refined the Opinions.In March 2021,the "Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law to Determining the Liability for Mental Damage Compensation in Trial of State Compensation Cases"(hereinafter referred to as the "Interpretation")was issued,and it will be implemented from April 2021.The introduction of the "Interpretation" responds to the issue of difficulty in the application of mental damage compensation in judicial practice,and further stipulates relevant issues.Compared to the Opinions,the Interpretation appropriately raising the payment standards for mental damage compensation;For the first time,the objective criteria for the determination of mental damage were prescribed in the form of enumeration;"Mental damage","serious consequences",and "especially serious consequences" were classified into different levels.".However,issues related to the inability of the principle of comfort to effectively compensate for the damage suffered by victims have not been effectively addressed.With the increasingly prominent protection of citizens’ interests,the role of compensation for mental damage and compensation for mental damage is increasingly emphasized.Therefore,through research on the latest laws,judicial interpretations,and judicial practices,the level of protection of citizens’ rights and interests can be effectively improved through research on the principles adopted for compensation for mental damage,the scope of compensation for damage,the allocation of the burden of proof and the standard of proof,the determination of "serious consequences".This article first analyzes the relevant content of administrative infringement and spiritual damage compensation,clarifying the relevant institutional mechanisms and conceptual connotations.Then,based on the latest provisions of the "Interpretation" on the applicable principles of compensation for spiritual damage caused by administrative infringement,compensation matters such as special property rights and personality rights,factors that should be considered in Article 35 of the "Serious Consequences" of the "National Compensation Law," which proof standards should be met,and the calculation rules for damages are discussed.At the same time,we should learn from the beneficial practices and relevant experience of compensation for spiritual damage in administrative infringement outside China to improve our system of compensation for spiritual damage in administrative infringement.Finally,based on the possible shortcomings in the "National Compensation Law" and "Interpretation",through the study of theories,laws and regulations,as well as judicial cases in practice,specific suggestions are proposed.