Title: On Relevant Standards of the State Compensation for Moral Damage——An Analysis of Article 34 in the Draft Amendments to the State Compensation Law
Abstract:The Article 34 in the Draft Amendments to the State Compensation Law stipulates that relevant solatium for moral damage should be paid if serious consequences are incurred. This provision expanded the...The Article 34 in the Draft Amendments to the State Compensation Law stipulates that relevant solatium for moral damage should be paid if serious consequences are incurred. This provision expanded the scope of moral damage compensation,and further established the money payment method for the state compensation for moral damage.However,the provision is still vague and there is ambiguity with the calculation criterion,thus it lacks operability.Based on the legislation of our country and the realities of the situation,this paper maintains that the standards for moral damage compensation should be designated as consolatory ones;at the same time,the legislation should formulate specific quantified standards and rules in this regard.The formulation of specific quantified rules for the calculation of the amount of compensation should be subject to the constraints of the principle of the rule of law and the principle of equality,or it should be clarified by the Standing Committee of the National People’s Congress through the means of legal interpretation.Read More
Publication Year: 2009
Publication Date: 2009-01-01
Language: en
Type: article
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