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新修订的《国家赔偿法》首次明确精神损害赔偿,祛除理论上被人诟病的顽疾,回应了司法实践的现实要求,无疑是巨大的进步。但是,此次修订并非尽善尽美,仍有着较大的完善空间。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。论文针对以上两个问题进行探讨,提出适当扩大精神损害赔偿范围,列举论证精神损害赔偿事实的认定以及赔偿标准应参考的因素,以期使精神损害赔偿认定更具操作性。
The newly revised “State Compensation Law” explicitly for the first time damages mental compensation, eliminating the criticism of chronic illnesses in theory, in response to the actual requirements of judicial practice, is undoubtedly a huge progress. However, this amendment is not perfect and still has a lot of room for improvement. Specific to the field of mental damage compensation, there are two main problems: First, the scope of compensation is too narrow, the second is a general legislative, operational is not strong. In view of the above two issues, the paper puts forward that it is appropriate to expand the scope of compensation for mental damages, to enumerate the facts of the compensation for moral damages as well as the factors that should be referred to in order to make the compensation for mental damages more operational.