摘要：随着2008年10月《国家赔偿法》修改草案的公布，国家精神损害赔偿被写入法律，各界对建立国家精神损害赔偿体系的呼声越来越高，再度成为法学界和司法实物界甚至人民大众关注的焦点。现代社会的法制要求当公民的合法权利受到侵害时有权依法获得赔偿，但是，由于国家精神损害赔偿并未纳入《国家赔偿法》，关于其赔偿体系的建立也各有不同的看法，造成许多案件中当事人的国家精神损害赔偿请求得不到支持。因此，弥补我国国家精神损害赔偿制度的立法缺陷，建立国家精神损害赔偿体系，已经成为一种必要的趋势。
关键字：国家精神损害赔偿 必要性 国家赔偿法
with the publication of <state compensation law>revised draft in 2008 october,state mental injury was written into the law,from all walks of life to establish a national system of compensation for mental injury is increasing,it become the focus of law and justice circles ,even of ordinary people.
modern society legal system request compensation when the legal right of civil was injuried, but due to the mental injury was not wirtten into <state compensation law> and there are different opinions of establishing this compensation system make lots requests of the parties of cases couldnot be supported by law.
since, make up the defects of our country's mental injury compensation system and it's a necessary tend to establish a state mental injury compensation system.
keyword: state mental injury compensation, necessary,state compensation law
Abstract: With the October 2008 "State Compensation Law," the publication of the draft amendments to the state mental damages were written into the law, from all walks of life to the establishment of a national system of compensation for moral damage increasing demands, the law has once again become the academic and judicial circles in kind Even the focus of attention of the masses of people. The requirements of modern society, the rule of law when the legitimate rights of citizens are violated has the right to be compensated in accordance with the law, however, because of the national spirit of the damages was not included in the "State Compensation Law", on its compensation system also have different views on many States parties in the case of the spirit of the damages received virtually no support. As a result, to make up for our national system of compensation for damage to the spirit of the legislative shortcomings, the establishment of a national system of compensation for moral damage, has become a necessary trend.
Keyword: the need for compensation for damage to the spirit of the State Compensation Law
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