Analysis On The Range Of Compensable Spiritual Interests On Specific Properties

This article infringes upon the right the responsibility law based on our country to violate the real right as well as the spirit damage compensate system aspect stipulation, the main attention is on specific the energetic benefit damage compensate question. On the one hand the author carries on the comparison from our country spirit damage compensate system history and the present situation, on the other hand carries on the comparison from the different legal system stipulation and with our country correlation system difference, through the deduction and the induction, has pointed out in our country present legal framework spirit damage compensate system to this question neglect and the insufficiency. But in the legal practice, this system both has the populace to its demand, and has its survival and the development space.This article mainly proposes own conception from following several aspects to this question. First, the spirit is the philosophy object of study, take this as the starting point through the analysis which needs to the spirit, then energetic contents and so on benefit connotation, classification, characteristic, functions has carried on the concrete analysis and the elaboration. Next, based on to the energetic benefit basic analysis elaboration, analyzes the energetic benefit take the traditional civil law to the thing classification as the starting point the carrier, again take the human to the thing in the energetic benefit and the property benefit value judgment as the breakthrough point, also take the specific property rights as the junction point, inquires about on specific the energetic benefit protection possibility. Finally, the author take our country spirit damage compensate system development and insufficient as a foundation, through to the mainland legal system and the British and American legal system correlation question research and the model, specific the scope refinement, thought this system the construction is the spirit damage compensate system development tendency, also is the populace to harms the relief method comprehensively, the diverse demand. Regarding this, the law must have the response, and provide relieves in various documents to victim's energetic benefit infringements.