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Research on State Agencies Mental Compensation of Infringement of Right

Author: CongZuo
Tutor: DingWenYing
School: Inner Mongolia University
Course: Civil and Commercial Law
Keywords: State organ Infringement Mental damage Compensate
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 182
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Abstract

State organs infringement moral damage compensation system established or not, reflect the degree of democracy and the rule of law, the level of development of a country. In China, both from the needs of the building needs of democracy and the rule of law, or social ideology and culture and economic development, foreign relations, and are required to establish this system. State organs infringement moral damage compensation system is indispensable for the full and effective protection of the legal rights of citizens, but also for the supervision of the state organs and their staff and administration according to law, to promote the state organs to improve the mechanisms of self-restraint, and to improve the efficiency of State management has a very important significance. Therefore, we must recognize its importance and necessity, and proposed a series of legislative proposals on state tort damage compensation on this basis for China's national conditions. The state organs infringement of moral damage compensation system in developed countries has been formed and is constantly evolving. In the late 19th century, due to the rise of the democratic ethos of the state compensation system is the first to be established in the West. After World War II, the state compensation legislation has been the rapid development of the personal rights of citizens more and more attention. The state organs infringement whether it should undertake to pay the compensation for moral damage, experienced from not compensation to the compensation process. Mental damages on the infringement of the state organs gradual transition from limited 'unqualified' has now become a worldwide trend, the development of the moral damage compensation system showing the trend of expanding liability to continue to broaden the scope of compensation. Whether to establish a system of compensation for moral damage as well as the scope of compensation, the compensation standards have become an important symbol to measure the level of democracy and the rule of law of a country. From the three aspects of the state organs and Mental Damage Compensation System. First, the actual case of infringement from the national authorities, analyzes of the spirit of the state organs infringement damages meanings as well as demonstrate the moral damage caused to the victim the state organs tort process, based on the status quo of China's state organs infringement compensation legislation, summarize our current \Compensation Act, \Second, the combination of Chinese and foreign countries infringement moral damage compensation system, and some of the problems in the judicial practice, demonstrate the necessity and feasibility of the state organs infringement moral damage compensation system established in our country. Again, the idea put forward a sound moral damage compensation system in the State Compensation Law, the principle, the state organs spirit damages recognized standards and methods of the constituent elements of state organs compensation for moral damage compensation from state organs and Mental Damage angle, and on this basis on legislative proposals to put forward a series of national tort moral damage compensation system for China's national conditions.

Research on State Agencies Mental Compensation of Infringement of Right

Abstract

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