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Web of Proceedings - Francis Academic Press
Web of Proceedings - Francis Academic Press

Research on the mental damage of state infringement--Reconsideration based on the thirty-fifth article of the State Compensation Law

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DOI: 10.25236/humal.2017.68


Xin Xu

Corresponding Author

Xin Xu


The enactment of the state compensation law in 1994 is an important milestone in the legal construction of our country. In 2010, the revised "state compensation law" in national compensation system to implement and practice needs, on the basis of the mental damage compensation issues such as the correction and supplement, the state compensation system is increasingly perfect. Among them, the article 35: "there are referred to in article 3 or the circumstances as provided in article 17, cause person damage spirit, and thereby causing serious consequences, shall be paid corresponding mental damages". This provision implements the constitution's spirit of respecting and safeguarding human rights and advancing the process of democratic rule of law. However, the terms and conditions of the procedure are obvious, and there are few such issues as the specific criteria of mental damages and the "corresponding" of spiritual comfort.


Emotional damage compensation, corresponding, consideration, standard.