在修改《国家赔偿法》的讨论中,第一个热点问题是赔偿范围。精神损害赔偿是应当纳入到国家赔偿范围中。这是讨论最为热烈的问题。我国《国家赔偿法》对行政侵权制度并未否定精神损害赔偿,只是不完善。主要是缺乏财产责任或金钱性责任。这就导致了在行政审判实践中大部分以缺乏法律依据为由对受害人精神损害赔偿的请求予以驳回,少数案件则判决侵权人承担消除影响、恢复名誉、赔礼道歉的精神损害赔偿责任。本文认为完善我国行政侵权精神损害赔偿具有很大的理论意义和实践意义。 In the discussion on amending the State Compensation Law, the first hot issue is the scope of compensation. Mental damage compensation should be included in the scope of state compensation. This is the most heated discussion. China’s “State Compensation Law” does not negate the compensation for moral damages to the administrative tort system, but it is imperfect. Mainly lack of property liability or monetary responsibility. This led to the fact that most of the cases in administrative adjudication practice dismissed the victims’ moral damages on the ground of lack of legal basis, while in a few cases, the infringers were sentenced to take the responsibility of compensating for moral damages, restoring their reputation and apologizing for their moral damages. This paper holds that it is of great theoretical and practical significance to improve the compensation for the spirit of administrative infringement in our country.