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Study on the State’s Compensation System of Spiritual Damage

Author: YangYanFeng
Tutor: XuShuangQuan
School: Hebei University
Course: Constitutional and Administrative Law
Keywords: State Compensation Mental damage Compensation for moral damage
CLC: D922.11
Type: Master's thesis
Year: 2009
Downloads: 71
Quote: 2
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Abstract


Of the State Compensation Law \The absence of provisions on compensation for moral damage , in many cases victims can only be obtained according to the State Compensation Law \very embarrassing . China's national spirit of infringement damages currently still in its early stages , especially in countries infringing material compensation for moral damage , it is blank . Infringement by the state establishment of the system of compensation for moral damage or not, reflect the degree of development of democracy and the rule of law of a country level . In our country, the needs of both democracy and legal system building needs of society, culture and economic development, foreign exchanges are required to establish this system . \Made some tentative research articles in this building moral damage compensation system in the State Compensation Law . The structure of the article is divided into four chapters . The first chapter is the theoretical basis for mental damages , the concept of compensation for moral damage , start a comparative analysis of the difference between moral damage liability and civil liability and moral damage national liability and criminal victim compensation for moral damage and Contact . The second chapter describes the legislation status quo of China 's moral damage compensation system and combined with the real-life circumstances of the case , analysis of the deficiencies in the system of compensation for moral damage of the State Compensation Law \create the reality and urgency of the moral damage compensation system . The third chapter is a comparative study of the foreign State Compensation Law for moral damage compensation system . The fourth chapter is to give state compensation for moral damage system envisaged . From the constituent elements , the scope of compensation , the principle of imputation principles , calculation methods , the factors to be considered , clearly established in the Law on State Compensation for moral damage system specific planning .

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Administrative decree
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