On The Criterion Of Compensation For Spiritual Harm

In spiritual harm domain our country was affected by the ideology in the early years of the new nation, and our country refused to compensate by reasons of "the personality commercialization", " violation against the morals", " incapability to compensate", " incapability to measure" and so on. With people's right consciousness wakened increasingly along with the modern society, and with the democratic legal system idea sank deep into the hearts of the people, protection of human right becomes one kind of basic value day by day pursued by law and society and the main body of right, and this conforms to the trend of times and the respect for human right. To prove its reasonableness of existence, the spirit damage compensation is inferred to have " penalty function ","compensational function ", " function of satisfaction ", " function of adjustment ", " surmountable function ", and so on, from disciplines such as sociology, legal science, medicine, psychology, so on and so forth. On the one hand, the spiritual harm must be compensated to expiate and comfort the victim, at the same time it also must educate and sanction the injuring; On the other hand, because it is unable to grasp the quantity and the degree precisely as the property damage, additionally because the legal science research is lagged and legislation technology is rough, the related regulations have shapes without contents. And this causes judicial worker does what he thinks is right in practice and decision in different court is disparate.In the spirit damage compensation it is important to determine the unified compensation number, because it relates to the solemnity of legal system and the unified implementation of legal correct, the social effect of implementation of spirit damage compensation, and the legitimate rights and interests of litigant person. Therefore it should be abandoned at present in taking generally the algorithm of budgetary estimate and depending on judge's individual will to adjudicate, and this is a kind mixture. The law is the social but not non- natural science, yet the result of the law must give the accurate ruling, namely ruling objective uniqueness. The goal of the compensation for damage in infringement of right will give the future inflicter an injury price, and will let he make the rational choice then guide the potential party to make the maximization of the behavior in social efficiency. Just like Russell said that "A mature science systematically elaborates between the change relations with the precise mathematical linguistics." The law takes the solution to the social question, and caters to the demand inevitably that the social efficiency is firstly considered. The occurrence of accident...