Study On Compensation System For Mental Distress In China

Compensation for mental injury is an old topic, whose developing and improving course is very complex in modern society, the rule of compensation for mental injury is an important part of the system of compensation for injuries in civil law as well.In April 2010, Standing Committee of the National People's Congress passed the state indemnity Law of the People's Republic of China on State Compensation's amendment. Amended law first stipulate compensation for mental injury.It indicated that The rule of compensation for mental injury goes into new time in our country. In April 2010, zuohai.zhao'case happened astoundingly in our country, it aroused our people paying much attention to the system of compensation for mental injury.This thesis aims to interpreting irrational of deficiency of such rule of compensation for mental injury in our country by means of various of means. Probes the easibility of improxing step by step rule of compensation for mental injury,and puts forward a possible proposal for its construct. This thesis attempts make a trial study on some viewpoint regarding compensation for mental injury.First of all, this thesis interprets concept of mental injury, then interprets origin and development of The rule of compensation formental injury in our country, and discussed some theory on concept of injury, this chapter research the concept, the nature of mental injury, and the relationship between mental injury and personality injury, and the relationship between mental injury and non-property damage; Secondly, this thesis represented the theoretic foundation of compensation for mental injury, this foundation is that compensation for mental injury bears the function of soothing the person aggrieved, compensating, and punishing the inflicter, and interprets scope of compensation for mental injury. Then, The author interprets The rule of compensation for mental injury on Gemany, Switzerland, France, and Japan,and in view of legislation makes a comparative study on above-mentioned four country. The author suggests that our country shall take examples from above-mentioned four country experience in legislation. The author suggests that our country shall take examples from the experience of Switzerland and Germany on compensation for mental injury for reference while formulating our civil code, to adopt the legislation system that consists of both list and summarization. Finally, author clarifies tentatively mental injury, and this thesis made a primary research on the issues of compensation for various kinds of mental injury.In civil law, the author thinks there should be a compensation if there is injury, if default result in mental injury,it also should create appropriate civil liability, in spite of our legislation have not relevant provisions; In the field of criminal law, the author thinks it is very unreasonable according to the current criminal law that the victims'mental injury would not be compensated in criminal cases procedural law should not affect realization of the entity rights, the author suggest criminal and civil litigation should be trialed simultaneously in criminal cases, and nations compensations rule should be established; In the field of Law of the People's Republic of China on State Compensation, the author suggest our country should formulate implementation rules as soon as possible, for polish The rule of compensation for mental injury on State Compensation。...