The Research On Claim Subjects Of Mental Damage Compensation

The mental damage compensation system is the important part of the modern civil law damage's system. But in our country the theories research concerning on mental damage compensation and the quest of the law in the case of the actual practice that are still far away from the target of personality right that the law protect currently. Especially the define of the main body who has claim right in mental damage compensation, exists many different opinions theoretically. There also exist many different understandings and operations in practice.The research on the main body who have claim right of the mental damage compensation must define the basic implication of mental damage, mental damage compensation, the claim right of mental damage compensation first. The mental damage is the damage on the main body's mental practice of the civil law. The speech of mental damage seldom used in legislation of the country, and theoretically there have the broad sense and narrow sense two kinds of doctrines, its differentiation mainly lies in broad sense that list as natural person and legal persons all the claim right bodies of mental damage compensation, but the narrow sense say there is only natural person , the legal person is excluded in the claim body of mental damage compensation.Mental damage compensation is a civil system means that the civil subject's personal rights are violated by illegality, which made the personality advantage injures and suffered spirit pain, then he could request the infringer for property compensation. Mental damage compensation with general damage compensation have the same component, and also have the characteristics of itself:(1)Fact of injure;(2)The behavior person's violates behavior must break the law;(3)There exist causality between the behavior breaking the law and the injure fact;(4)The person of the infringement must have subjective fault.The claim right of mental damage compensation is a kind of important right. After the infringement behavior happened, it produces the legal right obligation of a kind of indemnity relation between the party concerned, victim has the claim right of the mental damage compensation. The person causing the injury has the obligation to pay for the mental damage compensation. The establishment of the mental damage compensation's claim right is inseparable with the establishment of mental damage compensation.The claim right's main body of mental damage compensation is the main body who has the right to ask somebody who cause the damage for compensation, that is the one who has the claim right in the action of damages. He is also because of the infringement behavior to result in the mental damage and can acquire victimize of mental compensation a person by law. Everyone has the capacity of civil rights, then suffering mental damage and the losing of mental advantages that he is the claim right's main body of mental compensation.Generally speaking, the scope of the claim right's main body of the mental damage compensation is natural person, the mental damage compensation is still limited by natural person in the main body, and its object are limited in personal rights and dignity rights which embody the basic spirit of people oriented in modern society. We don't have full regulation on mental damage compensation in civil law. We also don't have any limitations on mental damage compensation, which gives us the space to talk about the question theoretically, discuss some special main bodies which cause controversy of the mental damage compensation claim right further.The close relative of the dead have their connatural claim rights of mental damage compensation. Laws and rules in our country make certain death compensation for the person who had dead because of infringement. Actually it seems to be the money to appease the death of the person. It doesn't appease the dead and the dead needs not conciliation because of the life is over; It is a conciliation to the living, the living because of victimize a person death to bear sorrow pain and sufferings of pacify perhaps mental compensation. The damage to the dead people's personality, actually is to the close relatives'mental damage and dignity injury. The claim right of mental damage compensation for the victim's close relatives had been affirmed by our civil law, but the scope of the use of mental damage compensation for victim's close relative should open widely. The legal person is the correspondent main body to the natural person in civil law, legal person is a kind of society organization, lifeless, but legal person in the realistic society have fragrant natural person similar and hard but independent entity, the law gives it various rights to adapt the demand of social development and participate social activities, the capacity right of the legal person and the natural person are the sane that all of them are the design of a kind of law system, and people can't limit the legal person's capacity for the sake that it do not have natural person's a certain right, the legal person also have the same personality as the natural person, and possess a certain personality benefits, have personality right, strengthen the legal person of the mental damage compensation have important of reality and farsighted meaning, in the multielement society today, we should apprehend and admit the legal person's mental damage compensation from the mental advantages or what invisible property have sociality composition which have the extensive meaning, and establish legal person of mental damage compensation system on the law.The protection of law of embryo's future benefits have one some special rules that have a long tradition. In fact in the realistic life, the embryo's benefits also very easily suffers from injury and carry on a protection to the embryo's benefits is also proceed from to that natural person protective demand, such as the damage may result in the abnormal, disable and sick etc, sure to make the victim suffer huge pains on the spirit. The protection of embryo's mental advantage, can be seen as the extension of the natural person's mental advantages. As the regulation in Inheritance Law : embryo has right to inherit, embryo's mental damage compensate right can also follow this precedent to do an exception provision.The law establishes mental damage compensation system's target lies to strengthen to protect the civil main body's personality right. The affirmation of the main body's claim right of mental damage compensation is established on the foundation of the affirmation of the claim right of mental damage compensation. Moreover, the mental damage compensation in practice exists the affirmation of some special main bodies needs to affirm according to the different circumstance. The close relative request mental damage compensation because of victim's death, among them, the scope of the close relative should be definition and it is difficult to define by legislation, so we should make specific standard to judge. We should also admit the close relative's claim right of mental damage compensation while the victim's health suffers sever violation. The mental damage compensation claim right of legal person should be affirmed, just regardless from the compensation of the standard, the scope and the quantity are the process that all accumulated gradually in practice. The embryo's mental damage protection is not only a juridical problem, but also needs to publicize and educate through a various paths to change people's realization.