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人格权是公民依法享有的一项最基本的宪法权利 ,一切国家机关、个人、团体、组织都应当以宪法作为活动的根本准则。国家机关工作人员因违法行使职权侵犯公民人格权并造成损害的 ,国家同样应当承担赔偿责任。精神损害赔偿进入国家赔偿范围已是大势所趋。因此 ,规范和完善我国国家侵权精神损害赔偿责任 ,使其与民事侵权精神损害责任相协调 ,已成为良化国家赔偿法的当务之急。
The personality right is one of the basic constitutional rights enjoyed by citizens in accordance with the law. All state organs, individuals, groups and organizations should regard the constitution as the fundamental principle of their activities. Where a staff member of a state organ infringes the citizenship right and causes damage as a result of illegally exercising its functions and powers, the state shall also bear the liability for compensation. Mental damage compensation into the scope of national compensation is the trend of the times. Therefore, to standardize and perfect the liability of compensation for the damages caused by the state tort in our country and to coordinate the liability for the moral damage caused by the tort is already a pressing matter of the moment in order to improve the compensation law of our country.