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On Compensation For Mental Damage

Posted on:2008-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:M GongFull Text:PDF
GTID:2166360242959358Subject:Law
Abstract/Summary:PDF Full Text Request
The spirit damage means illegally violating personality benefits of others,which is a kind of non- property impairment,bringing spirit suffering and derogation of personality benefits.Spirit indemnity is a legal system with relation to the indemnity in the form of property.When human body's rights are violated illegally,which brings damages of personality benefits and identity benefits or spirit sufferings,he can get remedies and protection by the ways of claiming property compensation to tortfeasors,etc.The application scope of spirit indemnity includes the following three aspects,which are decreases of spirit benefits caused by the infringement of spirit personality , corporality personality and rights and interests with spirit values.What are the damages caused by spirit impairment?Scholars have put forward so many views.And the author's opinion is that in consideration of the pains and sufferings coming from tortfeasors, indemnity for spirit damage is a must,which is the difference between spirit indemnity and property indemnity radically.Therefore,we shall consider the painful extent of the victim to conform the amount of spirit indemnity.The basic principles to conform the amount of spirit indemnity are principles of appeasement and caution.In this article, the writer still emphasize the conforming methods of the amount of spirit indemnity,conforming factors of that and considerations.The system of spirit indemnity protects the particular memorial which has the meaning of symbolizing personality,which is a big breakthrough to the traditional theory. In this article,the author analyse full and accurate cases ,and bring forward the conforming method of spirit indemnity which are in accordance with practice of our country.The author conforms the amount of spirit indemnity by means of differentiating damages,toatal limitation and considering flexibility as the main methods,combining considerations to conform the final amount of indemnity which has the function of indemnity .Thus,there is a reference to amount of spirit indemnity ,which offers judges a feasible basis with easy operation.
Keywords/Search Tags:The spirit damage, indemnity, amount of indemnity
PDF Full Text Request
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