Compensation Of Spiritual Damages

Explanation about some problem to ascertain spirit compensation for damages responsibility in civil tort,being put into effect on March 10, 2001,become the mainest law of our country in the field of spirit compensation for damages,which has filled in blank space of law at present.For a short while,spirit compensation for damages lawsuits increases quickly,the same as the subject matter of an action.While, because of the blank space of legislation,in our country state organs administration behavior tort system,extent of compensation is limited in material damage,does not include the spirit damage,which was disharmony with the target of rule of law.Since our country state organs administration delict does not stipulate the spirit damages,a lot of sufferers can only gain the direct material loses according to law,and the forms is restricted,such as eliminating bad efact,recovering one's honor, apologizing etc,legal rights and interests of the aggrieved party cannot get the sufficient guarantee.As to the other laws,The state organs administration tort has greater harm,not only from the lagal theory,but also from the actual judicial practice,spirit compensation for damages regulation's building-up in state organs administration delict is only an upper problem of time.The main body of thesis want to assumed a few superficial opinion from legal theory surface and compare between China and relevant legal system,sometimes it also can use the part demonstration method to testify its rationality.The first chapter has sketched spirit compensation for damages basic concept and its theory.This chapter expatiates from the concept of the spirit damages,and the concept of the spirit compensation for damages,as well as its character and accordance.The chapter tightly states the origin and develop theory of the spirit compensation for damages,analysed the summary of the spirit compensation for damages,especially emphasizes the basis of the spirit compensation for damages system,finally striking bedding for building up spirit compensation for damages system in state organs administration behavior tort.The Second chapter indicates that state organs administration behavior tort should establish spirit compensation for damages mechanism.This chapt has carried out carding on the necessity and feasibility of the spirit compensation for damages system in state organs administration behavior tort,and think it necessary to build up the spirit compensation for damages system in state organs administration behavior tort ont only from the principle angle,practice angle,principle rule of law,but also from the angle of restricting the state organs administration'power.And,our country has gained feasibility condition already in legislation,concept of rule of law, financial resources and environment all around.Third chapter compare legislations from relevance legislation and practice in Civil law system,Common law system follows department and our country,including France,Germany,switzerland,Japan,Korea,United Kingdom,and America,in order to provide some good lessons in structuring our state organs administration behavior tort of the spirit compensation for damages system.The Fourth chapter will structure state organs administration behavior tort of the spirit compensation for damages system concretely.This chapter gives some discussion on the reparation principle of spirit compensation for damages,the constitute conditions,range for compensation,the number of compensation,the way of appreciation and some peculiar problem,and suggests appropriate expanding extent of spirit damages compensation for state organs administration tort behavior.At the same time some new suggestions are put forward about how to ascertain the reparation number and the main body of spirit compensation for damages.The Fifth chapter has brought forward legislation idea about how to constitute spirit compensation for damages system in our country state organs administration behavior tort,and bold forecast on the development trend of our country spirit compensation for damages system.Judging from developing trend of entire tort law,state organs administration behavior tort and civil compensation general gradually get samer and samer,this is a necessity developing trend.Nowadays,Many law-ruled country do not strictly distinguish the state organs administration delict reparation and the civil compensation,the aggrieved party all can raise a lawsuit in the civil court,and the range and standard paying for mainly are the same in many countries.For the further intensifying to protection the citizen and the corporation,we should try our's best to urge state organs administration behavior tort and the civil compensation,and appropriatly increase range of state organs administration behavior tort, except unjust case reparation,expanding range of civil compensation as far as possible,the most important among them si to establish spirit compensation for damages system in state organs administration behavior tort.