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新修订的《国家赔偿法》首次确立了精神损害赔偿,这次修订有力的回应了司法实践的现实要求,无疑是巨大的进步。但是此次修订并未尽善尽美,具体到精神损害赔偿领域,主要有两个问题:一是赔偿范围过窄,二是立法笼统、操作性不强。因此,在精神损害国家赔偿制度的完善过程中应当考虑以下因素:适当扩大精神损害赔偿范围,列举精神损害赔偿事实的认定以及赔偿标准应参考的因素,使精神损害赔偿认定更具操作性。
The newly revised State Compensation Law has for the first time established the compensation for mental damages. This amendment effectively addresses the practical requirements of judicial practice and is undoubtedly a tremendous improvement. However, this amendment is not perfect. Specifically, there are mainly two problems in the area of compensation for mental damage. First, the scope of compensation is too narrow. Second, the legislation is general and the operation is not strong. Therefore, the following factors should be considered in the process of improvement of the state compensation system for mental damage: Appropriately expanding the scope of compensation for mental damage, enumerating the facts of the compensation for mental damages, and the factors that should be referred to in the compensation standard, making the compensation for mental damages more operative.