The Research On Some Mental Compensation Problems

The mental compensation system have been built after a history vacancy in our country, and now it has an expand trend in many aspects, such as law case amount, compensation amount and appeal extension, etc. In practice, there are some problems, such as the party pursuing high compensation blindly, randomly expanding appeal extension, unilaterally pursuing money compensation but ignoring other duty manner, and the lopsided problem in judicatory. Withal, the paper penman suggests that we should carry out lawsuit risk hinting system to control party's exorbitant compensation appeal by legal cost lever and standardize party's lawsuit behaviors, and the judges should execute explaining power rightly to practise liberty judgement on compensation under the condition of limiting tiptop compensation amount and rightly understanding "having bad aftereffect". Otherwise, the penman bring forward some oppugning and amendment suggestions on the clauses of "the trespasser's economic ability on responsibility" and "the average living level in the place of appellate court"The mental compensation difficulty problems analysis: The mental compensation system should be built in tour contracts, hairdressing contracts, wedding photograph contracts, etc, which are all tightly related with emotion.The corporation mental compensation appealing right should be established to protect the corporation's benefit. Because the regulation of forbidding mental compensation in current criminal parenthesis civil action can cause law conflicts and add party's lawsuit burden, it should be abolished , and set up the mental compensation system in criminal parenthesis civil action . The mental compensation system should be established in administrative violation lawsuits to protect country's dignity and civil's rights.