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1995年国家赔偿法的实施,结束了我国国家权力侵犯公民权利完全免责的历史,是我国法制建设的一大成就。然而,随着精神损害赔偿制度在民事侵权领域理论上和实践上的发展,公民的精神权益越来越受到人们的重视,国家赔偿法中精神损害制度的缺失越来越凸显出其不足。同样是侵权,国家公权力侵犯公民精神权益时,当事人却得不到适当的救济,这一立法缺陷显然不符合民主法治社会的基本要求。
The implementation of the State Compensation Law in 1995 brought an end to the history of China's state power being completely exempted from citizen's rights and is a great accomplishment of our country's legal system construction. However, as the system of compensation for mental damage develops theoretically and practically in the field of civil tort, its spiritual rights and interests have drawn more and more attention. The deficiency of the system of mental damage in the state compensation law has increasingly highlighted its shortcomings. The same is infringement, the state public infringement on the rights and interests of citizens, the parties are not properly remedied, this legislative defect apparently does not meet the basic requirements of a democratic society ruled by law.