Study On The Legal Issues Of Non-pecuniary Damage Compensation

Non-pecuniary damage compensation is a concept comparing to pecuniary damage compensation, and is a symbol of the advancement of the tort law. It has some especial characteristics such as immateriality, putative result and juridical compensation. The writer tries to bring forward some ideas to perfect the system of compensation for non-pecuniary damage by researching the conception, the extension and the value of non-pecuniary damage.The paper is divided into three parts totally, about 30000 words. The first part is general introduction of the non-pecuniary damage compensation. In this part the writer discusses the conception, the extension and the sorts of the non-property damage based on analyzing the actuality of the damage compensation in China. The writer also prefigures the development of non-pecuniary damage compensation in China by comparing the legislation and practice of non-pecuniary damage compensation inland and oversea.The second part discusses the value of non-pecuniary damage compensation. The significance of non-pecuniary damage compensation is not only showing the justice and order, but also showing the solicitude of human being. Such value is accorded with the personality essence of civil law.The third part contains two perspectives to design the system of compensation for non-pecuniary damage. First, the writer defines that the basic system is composed of three parts: the judgment of damage, the elements of duty and the principle of compensation. Second, the writer probes into some special issues in non-pecuniary damage compensation.