Study Of Non-property Damage Compensation On Tort Law

Non-pecuniary damage compensation is a concept comparing to pecuniary damage compensation, and is a symbol of the advancement of the tort law. The system of compensation for Non-pecuniary damage, as a basic way of protection against torts plays a very important role in protecting personal rights.The non-property damage compensation question has been a hot topic which the theorists and the practice department study, although compensated to the non-property damage has become a consensus, theoretically there are some disbutes on what are the system of non-property damage, the relations between non-property damage and mental damage, the object scope and subject scope of non-property damage compensation problems etc, these different opinions restrain the functions of non-property damage compensation.The article mainly has carried on the definition of the various concepts and the relationship between the conduct described. Thus obtains the damage and the loss, the non-property damage and the mental damage are different concepts. Regarding the subject scope of non-property damage compensation, the article carried on the analysis about the non-feeling ability person, the third person, the legal person, the dead and embryo's. Regarding the object scope of non-property damage compensation, the article thought that the object of non-property damage compensation scope should include the personality power, the status power, specific property rights and spiritual benefit four parts.The western countries already quite consummated to the non-property damage compensation's research, our country's current laws on the non-property damage compensation are very inadequate, the article has carried on the analysis through the contrast method to the western non-property damage compensation's legislation, thus has been clear about the non-property damage compensation legislation insufficiency, and proposed corresponding perfect measures.