Talk About Compensation For Pure Mental Damage

Since the Mental Compensation system appeared in our country, it's always a topic of a lot of controversy. During the long-time Judicial practice, the one side is, the scope of the Mental compensation has an trend to be gradually wide, and the other side, all kinds of limit was exert for the mental damage to avoid the flood and false action. The normal mental compensation especially for the direct victim's of violations, never acknowledge the Indirect victim's pure spirit compensation, As the Attention for the personal rights ,Countries recognize more or less for this compensation in their National legislation and practicing. Individual provisions In our country's Judicial interpretation ,Affirmed the pure spirit of indirect damage victims, but failed to assure it's legal basis,the scope of the compensation also so limited, As the issue for the Infringement. Responsibility Law ,the Mental compensation system was written into the legislation for the first time, It Shows our Laws give great importance for the protection of the spirit rights ,Now Our country's basic position for the mental compensation is: For the citizen's right to life,health,body right,name,portrait,reputation,honor,dignity,liberty rights are violated, the citizen can make the request for Spirit Compensation. As the right of human dignity, generally considered to be refers to human dignity have been violated, that means the spirit of damages can be made as general personality right had been violated , But in practice ,usually take Prudential attitude. It also Clearly defined, Natural death due to violations, or After the death of natural persons the bodies and his personality have been violated, the deceased's spouse, parents and children to be the plaintiff, No spouse, parents and children can be sued by other close relatives, close relatives of other plaintiffs, although it provided legal support for the indirect victim for the request of spirit compensation.This provision is only the exceptions of judicial interpretation, not widely recognized indirect victim's pure spirit of the claim for damages. This article aims to examination and comparison the legislation for purely moral damage compensation system and judicial practice in abroad countries, summarized the concept of pure spirit, the Elements and types, Then put forward my own ideas On the Compensation of pure spirit and the construction of the system, it's necessary to establish the moral damage system on the basis of our normal mental compensation system.