| With the popularization of democracy and legality in our country and the enhancement of people's right awareness, the moral damages, as an important legal system to protect civil subjects' personal rights, has showed its necessity day by day and has been a difficult topic in theory and practice of judicial field. This thesis can be divided into two parts. In the first part, the develop process, basis and principle of the application of moral damages have been expounded in detail.Theoretically, the moral damages experienced a process of changing from being neglected to being treasured. The moral damages is valued gradually with the prevalence of human rights movement and the awareness of personality. Basically, it belongs to the remedy of personal rights. However, with the development of society, other social rights such as identity rights and property rights may also be harmed and can get moral damages besides personal rights. The moral damages separates itself form personal remedy and becomes an in dependent system more and more. The establishment of moral damages system accomplished the modernization of tortuous acts. The damages in modern tortuous acts refers to not only the property damages, but also the non-property damages. The material remedy towards non-property damages is the moral damages. The process of material remedy in moral damages can be described as following: fist, admitting the indemnificatory duty of damaging moral personal interests; second, admitting moral damages of damaging material personal interests; third, admitting the indemnificatory duty of damaging materials; last, admitting moral damages of breaking contracts. To here, the protection of people's moral interests in legal has improved day by day.The author defines the basis of the area of application of moral damages in four aspects. Firstly concerning the value of people, people is the original source of all values, and the things that are considered as valuable by people should be protected by laws. The advancement of society makes the man pay more attention to his mental world, laws attach more importance to people's moral interests protection. So our legislation should confirm this tendency to accelerate the pace of protecting people's mental world, which is the reflection of the advancement of times, is the cherishment of current laws to our mental homeland. Just on the basis of this understanding, we should extend properly the area of application of moral damages and not limit the area only to some given infringement on personal right.Secondly, "where there is damages, there is remedy" is the basic value orientation of civil law principles. Laws must vest legal remedy rights to the damaged party. Moral damages is the remedy system which civil law vested to the injured party, so we must confirm it, and protect the area concerned moral damages comprehensively and thoroughly.Then, the author discusses the subject condition of moral damages in further form two aspects——the object protected by moral damages and the form of the damages.The area of application of moral damages must be limited to laws, which prevent people form getting improper large property remedy and abusing their rights. It is necessary to west to judge judicial discretion to a certain extent. Only which can combine abstract laws and concrete practice naturally, so the general prescription on personal right. Moral damages will apply only to some grave degree, otherwise, the damages can be completely compensated by expression of apology. Abolitio restitution famiae and elimination of ill effects. To tortuous act in civil law, the principle should be punishment corresponding to fault as well as the principle that general violating act need no penalty.The second part of this thesis expounds the system of moral damages in general civil area, civil judgment collateral to criminal proceedings and state's tortuous act. The goal of this system is mitigating damages party's suffering produced by infringement on his personal rights and...
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