On The Scope Of Application Of Compensation For Mental Injury

Compensation for mental damage is a hot question that jurisprudential circle always concern with, as a method of relief to safeguard right of personality of citizen, legal person or other non legal person organization, it play important function in realistic life. The legislation of the compensation system of mental damage is relative late, the regulations need to be improved.Many problems appear in judicial practice, so modification and perfection are needed. The article focuses on the scope of compensation for spiritual damage and puts forwards suggestions on how to perfect the legislation for system of our country.This article includes four parts in stucture, besides preface and concluding remarks.The first part is the essential theory on this system and scope of application.On the basis of comparing the differrent studies on mental injury, the article goes on to analyze the concepts of mental injury as well as mental injury compensation.Then, the article defines the basis of the area of application of mental injury in some aspects.The second part is the actualities of scope of compensation for mental damages in several foreign countries. This chapter introduced the scope of compensation for mental injury of countries from continental genealogy of law such as France, Germany, Switzerland, Japan and from Anglo-American genealogy of law such as Britain, America.The third part is the analysis of the current state scope of application of compensation for mental damage.We can find the scope of compensation for mental injury in China through the law and juridical explanation analyzed.This dissertation points out the inadequacy of the scope, which is lacking the flexibility and the shortconging of the scope of compensation for mental injury.The forth part is how to reconstruct the scopes of compensation for mental damage in China. According to the analysis of the scopes of compensation for mental damage in our country, the article puts forward the suggestions. In one hand, restrictism and unrestrictism are each to have the merit and shortcoming.The article suggests that we should choose restrictism and unrestrictism, combine concrete together with generally. In other hand, the aricle should extend the scope of application of compensation. First, legal persons and other organizations should enjoy the right to demand compensation for mental injury. Second, national tort and criminal will bring victimizes serious mental injury. The system of compensation for mental injury in national tort and civil depended criminal should be set up. Third, beginning with the analysis of different countries'law, the article illustrates the necessity to build up the legal system of compensation for the mental damage in the behavior of breaking contract in China.