论新《国家赔偿法》中的精神损害赔偿问题

On the Problem of the Spiritual Damage Compensation in State Compensation Law

从本质上看精神损害赔偿是主张采取对受害人进行赔偿的方式来达到减轻其精神痛苦并对其予以精神抚慰的目的。新《国家赔偿法》将精神损害赔偿纳入到国家赔偿制度之中,并对"精神损害抚慰金"作了明确规定,是尊重人权保护公民合法权益的需要、法制统一的需要、顺应世界人权保护发展趋势的需要。

On April 29th, 2010, the 14th session of the standing committee of the 11th National People＇ s Congress has adopted the decision on amendment of the State compensation law, the spiritual damage compensation which brought into the State compensation system was an important milestone in the process of Chinese legal system and has significant importance on improve the state compensation law and perfect the safeguard for citizens＇ lawful rights. Only try hard to resolve the spiritual damage problems caused by State tort can protect the citizens＇ lawful rights and prevent the State organs and their staff from abusing public power, so as to achieve the goal of rule by law, realize impartiality and justice of judicature and construct a harmonious society. This article discusses the spiritual damage compensation from the aspects of concept, historical development, the necessity of bring spiritual damage compensation into the State compensation system, scope and standard.