Humble Views On Mental Damage Compensation

To compensate mental damage materially, is the tendency for modem civil law development. Our country adopted mental damage compensation relevantly late. General Principle of Civil Law of the Peoples Republic of China,effected on January 1, 1987, has set rules on civil liabilities on mental damage, by basing on domestic and foreign legislative and judicial experiences in civil law area. Afterwards, our legislation on mental damage compensation has been improved through a series of judicial explanations. Since our system established relatively late,there are still no systemic or definite rules on the concept, the scope and the quantity of the compensation. We lack a consistent understanding and practice in this field. Therefore, it is necessary for us to perform a systematic research in mental damage compensation. This article uses the measure of comparing and analysis to exam the advanced theories and practices in foreign countries. It provides an experimental study on several key issues in our mental damage compensation system and some useful suggestions to further improve our system.The whole article is divided into five chapters, with about forty-six thousand words.Chapter one is about the basic theory of mental damage compensation. This chapter describes the concept and the nature of mental damage and mental damage compensation. Through the discuss of both the positive and the negative theories in this area, the theory foundation of mental damage compensation is demonstrated through five aspects, namely social foundation, value foundation, legal techniques foundation, technology foundation and reality foundation.Chapter two is about the historic development and legislation of mental damage compensation. This chapter describes the beginning, the formation and the establishment process of the system, as well as the introduction and evaluation of the relevant legislations in both civil law and common law countries. Furthermore, it carries out some analysis and...