Research On Several Issues Regarding Spiritual Damages

Tort damage is a common civil liability which caused by the infringement of property, personal injury of others. The infringer shall bear the damages by way of money or objects compensation. Tort damage can be divided into property damages and spiritual damages. For property damage, which is usually direct damage, it can be calculated by money such as the money compensation for the impairment of objects. In certain circumstance, property damage might be indirect. For instance, the medical cost raised by personal injury is indirect damage which can also be calculated by money. However, the spiritual damages mean the spiritual pain caused by the infringement, such as the spiritual turbulence caused by the infringement of personal dignity. Such damages can not be calculated by money. Nevertheless, the money compensation is the best way for the remedy of infringement. Such compensation is spiritual damages. The thesis is divided into five parts.The first part briefly introduces the history and the establishment of spiritual damages in China. The original to the perfection of spiritual damages in our country is concluded in this part.The second part discusses what are spiritual impairment and spiritual damages as well as the function of spiritual damages system. It focuses on the nature and division of spiritual impairment. Also, it reaches an conclusion that spiritual impairment is a non-property damage which shall be separated from personal damage and physical damage. Part three analyses the subjects for spiritual damages. Legal entity and natural person with specialty such as infants, mental patients and plant man who lack of civil capacity or with limited civil capacity are analyzed. Whether fetus can be subject and the protection of personal rights of dead person are discussed. It is believed that the legal entity is artificial entity which is different from the natural person. Thus, the spiritual suffering will not beard by the legal entity and it shall not be the subject of spiritual damages. Natural person with specialty cannot feel the spiritual suffer. However, it has the personal rights and its custodian or agent can thus safeguard its personal rights. For the fetus, it has no civil rights. It shall be referred to the protection of right of succession. When the fetus is born alive, it can apply for the spiritual damages. When the natural person is dead, the protection of its previous rights can be realized by the protection of its relatives alive.Part four discusses the objects of spiritual damages. The thesis pays attention to the damages of property rights. It is the author's opinion that the damages for the infringement of personal rights are the principle with the exception of damages for infringement of property rights. If the objects have special meanings, the party can apply for the spiritual damages.The fifth part discusses the determination of relief and standard of compensation for spiritual loss. Firstly, from the perspective of comparative law, it studies the responsibility models of compensation for spiritual loss in civil law and common law. And through comparison, it concludes the disadvantage of compensated relieve for spiritual loss in China. Then it discusses determination of compensated amount for mental loss, including definite principle and issues which need consideration by the judge.