A Study Of Mental Compensation For Damages

The spirit indemnity is always a method educational circles concern of the heat order one of the problems.The system is the sharp weapon of civism rights maintenance, have the function of very importance to the guarantee of civism rights.For what kind of the damage can request spirit indemnity, our country of law and judicatory explain to not and definitely stipulate.Owing to in the importance within system of the spirit indemnity, this problem's this text will to the damage that can request spirit indemnity, and how carry on indemnification to launch a research.In addition to chapter 1 introduction part and chapter 7 conclusion part, this text is totally divided into five chapters:Chapter 2, the spirit indemnity system outlines.The chapter launches treatise from the content of spirit indemnity first, carried on a critique to the theory field standpoint concerning spirit indemnity content and pointed out on this foundation that the writer agrees with the reason of the spirit indemnity of broad sense, this standpoint and connected down the history evolution to the spirit indemnity system to do description.Chapter 3, the spirit injures introspecting of concept.In this chapter, the writer launches treatise towards injuring first, makes foul to settle to the content of damage and thinks that the damage is the disadvantageous benefit that the law corpus causes because its right or method benefit are violated.Then is divided into damage according to the certain standard property damage and non- property damage, directly injure and indirectly injure, glint injure with 3 people injure, to injure did to categorize a research.Finally, the writer gets:The spirit of law meaning injures and mean that the character benefits that illegally violate others causes others spirit benefits it decrease this conclusion.Chapter 4, make sure the spirit indemnity injures the theory of scope to prop up in the system.This chapter mainly for can request the damage of spirit indemnity to look for theoretically of definition according to, the writer injures the way of scope to carry on a comment towards making sure spirit indemnity being in the system first, then enumerate a doctrine method and generalize doctrine method and restriction enlargement doctrine, these three kinds of methods, and make sure that the way that injure scope in the our country spirit indemnity system puts forward a suggestion.Secondly, writer the damage scope in the our country spirit indemnity system really settle standard, 2 puts forward a little bit own viewses from the quality and quantity.Chapter 5, the our country can request the damage scope of spirit indemnity.This chapter is a textual core part, according to the theory of the preceding context analysis, draw lessons from lawmaking concerning spirit indemnity system in other nations, combine the existing law rules and academic research achievement of our country, the writer pointed out at our country can request the damage scope of spirit indemnity to have a few aspects is as follows:Violate the character power results in of damage, violate the damage that the identity power results in and violate the free power of Human body results in of damage, violate the damage that the product of having character symbolic significance results in and breach take spirit benefits as the contract of contents to result in of injure, violate the spirit right in the intelligent property right to result in of injure, the environment infringement result in of injure.Chapter 6, the assurance of spirit indemnity gold.The treatise that passes several ex- chapters, we have already had clear understanding to the damage scope that can request spirit indemnity, to the research point that injures how to carry on indemnification to then become this chapter.The writer really settles principle and assurance standard to commence from the indemnification gold and put forward a limit principle, on this foundation, designed a set of standard of certain spirit indemnity gold.