Study On The System Of Moral Damages In China

The system of moral damages is an important part of the system of civildamages in modern civil law. This thesis aims to make a tentative study onsome issues of the system of moral damages in China. The thesis is dividedinto four parts.The first part is a brief summary of moral damage and moral damages.First, the concept and features of moral damage which is the premise of studythe system of moral damages are given. After that, the concept, features andthree functions of moral damages including compensating, soothing theperson aggrieved and punishing the inflicter are elaborated.The second part is about the progress of legislation on moral damagesand the present legislation on moral damages. Moral damages in civil lawembodies in The General Principles of the Civil Law in 1982. The followingrelative judicial interpretations, other laws and legislations perfect thesystem, especially Interpretation of Moral Damages developed andcompleted the system of moral damages.The third part is about the components of the liability of moral damages.The liability of moral damages consists of four factors: the infringers'subjective trespass, the tort, the moral damage fact and the causality betweenthe tort and the fact .The fourth part which is the most important part elaborates drawbacks ofthe area of moral damages in china. Even though the system of moraldamages has been established in our country, current system of moraldamages is still denied to victims who suffer from moral damage in criminalacts, and moral damages is obscure in administrative law field and contractlaw field.First, Victims who suffer from moral damage in criminal acts can' tclaim compensation for this in criminal proceedings. The barrier lies in thestatutory requirements such as Art. 36 of The Criminal Law, Art. 77 of TheCriminal Procedural Law, Regulations of the Supreme People' s Court onthe Scope of Civil Suit Collateral to Criminal Proceedings, and Reply of theSupreme People' s Court(No.17[2002]).The author considers that the relatedprovisions undermines the protection of the civil rights. Suggestions aregiven by the author that the present system of incidental civil actions incriminal proceedings be adjusted properly to protect the victims of theirlegitimate rights.Second, with the coming of the 21st century, more and more countrieshave taken many compensative measures for moral damage againstadministrative tort, including property compensation. Ruling by law hasbecome the general plan in China. As for moral damage from administrativetort, compensative measures must be taken, and property relief system mustbe established.Last, the author talks about the moral damages caused by breach ofcontract. The author draws a conclusion: breach of special contract is notexcluded from moral damages. In order to avoid the overflow of moraldamages, some specific rules should be confirmed.