Research On The System Of Compensation For Mental Damage

In modern society, people pay more and more attention to personal rights and mental interests. The system of compensation for mental damage, as a basic way of protection against torts plays a very important role in protecting personal rights. Although the system of compensation for mental damage is rather complicated and it has been established much later in China than that in developed countries, this system still gets a rapid development. However, with the deep development of judicial practice, the system of compensation for mental damage shows more and more shortcomings gradually, so the research on the system of compensation for mental damage is still a key subject of civil law. The author discusses this subject from four parts in order to do some benefits to the construction and progress of system of compensation for mental damage of China.In the first part, the author makes a brief introduction to the system of compensation for mental damage, which includes the concept, character, history and reason why our country must establish this system. Beginning with the concept of mental damage, the author states that it is so common that the mental interests of legal person are damaged from torts. Therefore, mental damage not only includes sorrow feeling of natural person but also includes the damage of mental interests of both natural person and legal person. Then the author introduces three periods of the development of the system of compensation for mental damage. Finally, the author analyses three reasons for establishing the system,In the second part, the author discusses the scope of application of the system of compensation for mental damage. This is one of the key problems of the system of compensation for mental damage, and also an important problem most concerned in the field of civil law. The author studies this part from two aspects. First, the author defines the scope of civil subject and...