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Research On Moral Damage Compensation Policy

Posted on:2007-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:Z J ZhengFull Text:PDF
GTID:2166360185454309Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Moral damage compensation, embodying the judgment of human values as well as the improvement of the society, has developed and been accepted by the people with the strengthening of personality rights protected by civil law and accomplishment of damage compensation system, which manifests the human's value judgment to their own and the society's progress. However, due to the specialty of moral damage compensation itself, disputes on some relative issues exist instead of verdicts in theory. However, compares with the disputes in theory, the practical cases in our daily life actually emerge one after another incessantly, and has intensified, which eagerly requires relevant laws to solve. Thus, there comes the significance in both practice and theory of further researches and discussions on moral damage compensation issues. This paper discusses the issue in four parts:The first part is the brief introduction of moral damage compensation: To begin with, here comes the definition of moral damage: when the inhered moral rights of a victim suffer a non-benefit state, such as spiritual pain or derogation of inhered moral interests, it results to moral damage; The objects of moral damage are the moral interests of civil subjects protected by law. According to the objects, moral damage can be classified into external damage and internal damage, suggesting that non-material compensation apply to simple external moral damage instead of material one to offer redress; And ultimately, the discussion of several relative issues. In succession, we talk about the connotation of moral damage compensation, in other words, the concept, legislative reasons, and property. Moral damage compensation is the legal system, which conciliates the spiritual pain that victims suffered by material pattern. The rationality of moral damage compensation lies on the purpose of consolation and equalization of mentality by materially compensate the victims. As a redressing method of moral damage, moral damage compensation has the characteristics of assistance and limitation.The second part discusses the range of moral damage compensation. By reviewing the evidence of determining the range of moral damage compensation, we can conclude that moral damage compensation is not only a simple issue of civil law theory, but also social practice. And with the comparison and research of legislative samples and disputed opinions of respective countries/regions, the disapproval viewpoint of moral damage compensation for breaking a contract is proposed. The third part mainly discusses the subject of moral damage compensation requirement, and highlights the issues of moral damage compensation of corporations, and the transfer and heritage of moral damage compensation properties. We don't claim the application of moral damage compensation of corporations according to its representing form; the right for acquiring moral damage compensation is exclusive, it can be transferred and heritage only when it is legally admitted by contracts and prosecution.The last part discusses the amount of moral damage compensation. The determination of the amount of moral damage compensation requires urgent solutions in judicial practice. We suggest to begin with the essence and functions of moral damage compensation, judge from the fault degree of violators, concrete activities, consequences and influences of violation comprehensively instead of determining specific amount beforehand.
Keywords/Search Tags:moral damage compensation, essences, range, requirement subjects, amount
PDF Full Text Request
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