Research On The Issues Of The System Of Compensation For Spiritual Damages

Compensation for spiritual damages system is an important system that involves the protection of the personal rights."General Principle of the Civil Law of the People's Republic of China"of China preliminarily established the system of Compensation for spiritual damages, which marks a breakthrough in civil legislation. But due to the simplicity of the content, there is derivation of understanding and operation between the theory and the practice. We should combine the further study of the system of compensation for spiritual damages with the new problems encountered in the new practice. Then we will have a further understanding of this system.The first part mainly discusses the composition of legal relation of compensation for spiritual damages. Since legal relation of compensation for spiritual damages is one of the civil legal relations, it must possess the"Three Major Elements"of civil legal relations. They are subject, object and content of legal relation. The author expounds subject, object and content of civil legal relation of spiritual damage. From legislation, legal precedent and relief principle of civil law throughout the world and other aspects, the author points out that subject of civil right of spiritual damage is limited to citizens, excluding artificial person. Besides, the author analyzes compensation for spiritual damages to the dead and several other legal issues with extended protection theory of personal right; puts forward that the dead has personal rights, his close relatives have litigious rights to claim for indemnity if his legal beneficial interests were infringed upon; close relatives shall also enjoy compensation for spiritual damages if the same infringement occurs. Furthermore, the author systematically studies object of compensation for spiritual damages; and explains that China should adopt restriction principle for the scope of object. In addition, with the analysis of the types of objects,...