On Compensation For Mental Damage

With the development of the social civilization and the improvement on the concept on legal system, people are paying more and more attention to the protection of their mental interest, and are attaching more and more importance to the pursuit of their own value, dignity and safety. The problem of compensation for the mental damage resulted from this has been the focus of public attention. To make a deep systematic research and discussion on the compensation for mental damage both theoretically and practically is of great significance on optimizing the protection of human rights by laws, making the civil legislation more scientific, remedying the defect of legislation and justice on personal right and identity right, promoting the full development of a person and establishing a stable social order. This thesis gives a complete introduction and explanation on the compensation system on mental damage based on the fundamental theory and present laws and regulations. The author pointes out the theoretical foundation and practical significance to establish the compensation system on mental damage, and the author puts forward his own assumption on optimizing the compensation system on mental damage in our country based on referring the foreign experience.The first part is the general introduction, which gives a detailed theoretical interpretation and analysis on the compensation system for mental damage. The author holds that compensation system on mental damage is a civil system which the civil body requests the infringement to remedy and protect by means of property for the intangible damage he/she suffers such as the personal interest and identity interest resulted from illegal hurt by the infringement. Proceeding from the concept of mental damage, the author conducts a deep and favorable discussion and relatively scientific definition on the connotation of compensation for mental damage, composed factors, nature and function of compensation system on mental damage, liability distributing principle and component on the compensation for mental damage,...