The Mental Damage Compensation Study The Problem

This paper is on the mental damage compensation issues of research, through this paper let everybody know the mental damage compensation to meet the content, when mental damage can use legal weapon to protect themselves. Although China in recent years has been constantly perfect the institution of compensation for mental injury, but this fall far short of our time the footsteps and characteristics of the ongoing case. "Life is different with different codefendant price", "the case is" price, caused the occurrence of cases have kept the causes of these problems has a lot of kinds, major is not exhaustive, law of court judge in compensation for mental injury problems not know thoroughly. This paper introduces and mental damage compensation for mental injury compensation for mental injury the introduction, the historical development, the mental damage compensation of the determination, the institution of compensation for mental injury to the perfect all-around spiritual damage compensation problem, clear to facilitate understanding and acceptance. Thoroughly This paper introduces the current mental damage compensation, the relevant provisions of the social situation with current combination, from a practical perspective combining foreign advanced legislation, meaning perfect our spiritual damage compensation system, to guarantee the lawful rights and interests of the victim to a party to the case would be of much help.Through the study of mental damage compensation, the problem for our current spiritual damage compensation system has the following Suggestions:1. Build criminal and attached civil spiritual damage compensation system and state aid system. The victim's spirit by the defendant not single comfort by criminal sanctions, economic compensation to victims also is very important. Because 80% of the defendant no economic compensation, so our ability should establish a state aid mechanism, help death, injury and disability of the victims and their relatives.2. Establish the incurred during the existence of marriage institution of compensation for mental injury. The mental damage compensation should not in divorce conditions, marriage survives may also petition the spiritual damage compensation, compensatory obligations shall also be will destroy another party in the third party into the family.3. Will the fetus into the mental damage compensation in the right subject. The fetus after birth will also have pain feeling, will also feel shock, some may affect his life, hit the right subject position so fetuses should be established.4. Legal persons and other organizations shall provide the right mental damage compensation for its main body, can't refuse compensation without painful feeling, because it is composed by the natural person, legal person and other organization of from infringement could lead to its members heart damage.5. Will the pet into the mental damage compensation range.