The spirit damage compensation for the country tort has been the basic identity. The spirit damage compensation is the logical continuation of state responsibility and value confirmation of the modern rule of law. For Identifying responsibility, infringer, performance during their duties, tort, the result of injury, causal relationship between the result and tort must be considered.State compensation for spirit damage should have a certain standard. We can learn from the general spirit of the damage level of academic ideas and the experience in legal practice in France to establish a spirit damage compensation calculation mode with the combination of generality and specificity.