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社会和经济的发展要求对人权的保护越来越高,我国国家赔偿法实施九年来在此方面显现出诸多不足,特别是在对公民造成精神损害不予赔偿方面的缺陷,不能充分体现宪法保障人权和国家赔偿法是为促进国家机关依法行政的立法本意。国家赔偿法在立法之初未设立精神损害赔偿内容虽然是受当时客观条件的制约,但目前精神损害赔偿已经完全有条件纳入国家赔偿法之中,精神损害赔偿金应当成为诸多行政救济措施中不可或缺的一种方式。
Social and economic development requires the protection of human rights is getting higher and higher. In the nine years since the implementation of the State Compensation Law of our country, there have been many deficiencies in this regard. In particular, the deficiencies in the non-payment of compensation for moral damage to citizens can not fully reflect the constitutional guarantee Human rights and state compensation law are the legislative intent to promote the administration of state organs according to law. Although the state compensation law did not establish the content of mental damage compensation at the beginning of the legislation, it is subject to the objective conditions at that time, but at present, the compensation for mental damages has been fully included in the state compensation law, and the compensation for moral damages should not be included in many administrative remedies Or lack of a way.