Abstract： There is no concrete regulations on quantitative standards of State Mental Damages Compensation in State Compensation Law.State Compensation for Mental Damages may be determined by some quantitative standards and methods,such as "three principles","two distinctions",and "deliberation from four factors "."Three principles" are the state compensation is no less than civil compensation for mental damages in principle,appropriate limitation for compensation amount,judges’ deliberation."Two distinctions" are distinction for different damage compensations,and distinction between personal & material damage compensation and mental damage compensation.According to Chinese personal & material damage compensation standards,it sets a mental compensation limitation with proper ratio and flexible space.Judges should think carefully about four factors in the limitation of compensation to determine the amount of mental damage compensation.It is appropriate to regulate quantitative of deliberation factors through Judicial Interpretation.
杨锡武 龚拥军. 论国家精神损害赔偿量化标准之构建[J]. 南昌大学学报(人文社会科学版), 2012, 43(01): 88-91.
YANG Xi-wu1,GONG Yong-jun2. On Construction for Quantitative Standard of State Mental Damages Compensation. , 2012, 43(01): 88-91.
2012, Vol. 43 
