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 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 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 Keyword: the need for compensation for damage to the spirit of the State Compensation Law