Thinking on Mental Damage by Means of State Compensation——Based on the Case of SHE Xiang-lin

The mental damage is an important constituent in the state compensation system,However,the mental damage compensation is not stipulated in our country's national compensation law for the time being,which may not fully safeguard the citizens' rights and interests.Taking the case of SHE Xiang-lin as an example,this article analyzed the legislative defect of mental compensation by means of state compensation in our country,pointed out the feasibility and the necessity to establish the system of mental damage compensation,and explored the scope,the way,and the amount of the mental damage compensation by means of state compensation.