Research On Factual And Relevant Foundations Of Mental Damage Compensation In China

Since people pay more attention to the health and peace of the heart and soul, they bring more and more litigation to get compensation for their mental damage. The increase of litigation, expansion of scope and the raise of the number are the obvious trends in the mental damage compensation area.This thesis describes the concurrent situation of the mental damage compensation in systematic and empirical perspective. Invading personal right and personal interest protected by law will cause mental damage litigation, and the plaintiff may get.the compensation in China. But we should put more constraint on the compensation for the damage of personal interest protected by law. In judicial practice, the litigation for mental damage compensation often brought in physical personality right area. This compensation takes the function of promoting social moral and maintaining the social harmony. Civil law countries and common law countries take different measures in the mental damage compensation litigations. Within the civil law countries, French establish it's mental damage system centered on damage, while Germen establish it's mental damage system centered on right, so French law puts less constraint on mental damage compensation. The mental damage compensation system in common law countries appears very strong case law characters. They divide the mental damage compensation into pure emotional distress and others, and they pay more attention to the pure emotional distress.The thesis demonstrates the legitimacy of mental damage in fact and value perspectives. According to the research of medicine and psychology, we have specific standard for judging mental disorders. Although the causes of mental disorders are a little complex, there are some rules about it. In judicial practice, judges often do not consider the specific physical and mental condition of victims themselves, and use the objective standard to judge mental damages and their causes.'eggshell skull'theory is also applicable in mental damage compensation. In value perspective, the thoughts humanism and natural philosophy are the theoretical source of personality right and mental damage compensation. Distributive justice and corrective justice theory provide the legitimacy for mental damage compensation.The function of mental damages compensation reflects the legitimacy of it in the most intuitive way. Property has a vital role for the construction of the human spirit world, ad this is the prerequisite for mental damage compensation to display it's function. Generally speaking, compensation for mental damage has four functions, they are compensation, comfort, punishment (education) and adjustment. They appear differently in different cases. In judicial practice, mental damage compensation takes a lot functions beyond the system.