By Spirit Damage Compensate Standard

The spirit damage compensate standard determination is the spirit damage compensate system core.In to spirit damage compensate many questions in,standard determination,not only in theoretically or really serves on,not only is importantly also is the most difficult proposition.However,in the present stage,our country legislates on had "General provisions of the civil law" and the Supreme People's Court "about Determination Civil Right infringement Spirit Damage compensate Responsibility Certain Questions Explanations" and so on the correlation law has indeed made to order the stipulation to the spirit damage compensate standard,but is imperfect,has not formed the unification standard,or is beset with difficulties in the judicial practice.The present paper the present situation which determined from the spirit damage compensate standard concept and the standard obtains, briefed our country determination spirit damage compensate standard situation,and understanding extant hidden danger;Introduced our country present spirit damage compensate legal rule,has been clear about the spirit damage compensate standard determination basis;Through to the overseas spirit damage compensate determination principle and the method understanding,takes its length,makes up the insufficiency, gradually consummates our country the spirit damage compensate system.The present paper believed that,in the legislation,our country should formulate the precise spirit damage compensate law,is thin and the expansion spirit harm basis,is clear about the determination compensation principle and the method,causes judge freely to decide after deliberation according to the actual situation.The quantification spirit damage compensate objective standard,enable the people's court when evaluates the spirit damage compensate case to have the objective foundation,protects the citizen rights and interests,manifests fairly is just, enhances the lawsuit benefit,the maintenance judicature authority,disadvantageous for the practice operation.