The Logic Reconstruction Of Spirit Indemnity Concept

"Spirit" is one phrase,should be philosophic category,however,once being transplanted in the law,made to be limited in its content and narrowed in its extension and leads to endless debatable for concept of indemnification scope of "spirit" or "spirit injure" in the theories field. Because of the faintness of the concept in our country lawmaking,results in academic with theoretically of misunderstanding and perplex and inconvenience in judicatory practice.In fact,I insist that,the spirit is a essence attribute of the existent person,although the difference between juridical and philosophy is very big on the concept scope,both are in essence same,therefore only person who have the talented of spirit contents certainly talk up the spirit damage and the spirit indemnity,however to legal person,a artificial person,only by virtue of its personality benefits given by person of,we can't infer with a kind of premise of assumption to another true of existence,this is reversal logically,also absurd theoretically.So, clarify this premise,may lay the foundation in analysis the concept of spirit injure,spirit indemnity and its system related,in the meantime for re-examining the blemish and shortage in spirit indemnity system of our country and will point out a direction to reconstruct the concept of injure of spirit indemnity,and also will point out a direction in lawmaking perfectly from now on.By this purpose,this text aims at the limit of lawmaking system to spirit injure concept and controversies of main standpoints at academic circles,combine foreign judicial experience and our country of judicatory reality,to reconstruct the concept of the spirit indemnity from the legal philosophy foundation and positively analysis,and deduced "spirit right","spirit infringement" to made the concept excellent and promoted to law terms and to express spirit damage of content with substantial,In the meantime remove of academic controversy and judicatory practice misunderstanding,and finally,to make some tentative study to the lawmaking in this aspect of related system of our country in future.