Compensation System For The Essence Injury

Influenced heavily by the traditional feudal culture of our country, we put little value to the remedy of essence injuries , as a result of it, people's essence rights are usually ignored and even were trampleed underfoot to a great extent. Since the reform and open plicy, the Chinese legal construction has obtainned the swift and violent development, and various statue systems emerged as the times require, yet the compensation system for the essence damages did not obtain the proper development. It is incapable to safeguard the personal rights which are confirmed in the civil law. In March, 2001, widely draing lessons from external legislate, the Supreme Peolpe's Court publishd the Interpretation For Problems in Dealing With Essence Injury Compensation, which means the weighty progress and development of judicature protection on personal rights. But, since in our civil law the personal rights itself is faulty with defects ,the compensation for essence damages is a new field in our legal system and the legislation and the research fell behind with the reality. The above reasonsresulted in the judicature practice very hard being applicable and had arised greatter error on knowledge.In the past few years , with the wake of legal consciousness, the law cases relating with the essence compensation are presenting in the practice and moving upward , hence it is a must to make a research on this problem so as to better uphold the leigitimate rights and interests of citizen and promote the realization in conformity with legal administation in our country. For this reason, the thesis expoundes the essence compensation system through below nine respects by starting with a real law case concerning the spritual damage compensation:1 .The set up of the compensation system for the essence damages.The writer talked about the five theorietical foundation for establishing the spiritual compensation by means of introducing three concepts which disgree with the set up of the system first and later verified the reasons for its set up.2.spiritual injuries . The writer demonstrated the essence injury reparations merely is limited to natural person, not the artificial person by explaining through generality and narrow sense what the spirits are, thereby obtained the defination of the essence injuries . Moreover, the nature of the essence injury was also elaborated.3.The concept, nature and the function of the spiritual compensation.In this section, the writer analyzed above mentioned three acpects.4.The constitutes of the spiritual compensation.The constitutes are injury fact, tortious acts, the causation between the facts and acts, and the tort man's psychology condition four aspects respectively.5.Imputation principles of spiritual compensation system.The writer thinks that the ordinary torts apply the liability for faultand the special torts apply the principle of liability without fault.Meanwhile,the theorietical reasons for appling the principles were also put out. fault.Meanwhile.the theorietical reasons for appling the principles were also put out.6.The compensating range for the spiritual injuries. The writer explained the compensating range from the theory on the comparison of the different doctrinies of injury remedies.7.Two special compensations for the spiritual injuries.In this section, the writer talked about the compensation problems in two cases:people without consciousness and embryoes.8.Caculation of the compensation.First of all, the writer demonstrated that the essence injury reparations ought to be proposed by parties concerned, and then by means of introdution of different ideas on the caculation, the writer elaborated the caculating principles and concrete regulations on essence injuries.9.Considerations on legislature for consummating the essence injury system. The writer proposed the ideas for legislate and the judicature: to widen the range of the subject for compensation,to broaden the applying range of the essence injury,to perfect the relating regulations on the caculation,etc.