侵犯公民财产权国家赔偿精神损害的探讨

Discussion on State Compensation for Mental Damage for Infringement of Citizens’Property Rights

财产权受公权力侵害,在多个国家已被纳入国家赔偿精神损害的范围。近年来,公民财产权受公权力侵害主张国家赔偿精神损害的案件数量激增,种类扩大。随着经济社会的发展及公民需求,我国应考虑将具有人身意义的特定物、重大财产等逐步纳入国家赔偿精神损害范围,此举不仅具有抚慰被侵害人的功能,还能够节约司法和行政资源,以有效防止公权力的滥用,从而助推法治国家建设。

Infringement of public power of property rights has been included in the scope of state compensation for mental damage in many countries.In recent years,it is found that the number of cases in which citizens whose property rights have been infringed by public power claim compensation for state mental damage has increased sharply,and the types have expanded.With the development of economy and society and the needs of citizens,China should consider gradually bringing specific objects with personal significance and major property into the scope of national compensation for mental damage,which not only has the function of comforting the infringed,but also saves judicial and administrative resources to effectively prevent the abuse of public power,thus promoting the construction of a country ruled by law.