| Personal right and personal dignity is matchlessly holy to everyone. All these rights, once encroached, will cause spiritual pain to the right subject. With development and richness of social material life, people pay more attention to quality of spiritual world. In awake of announcement and implementation of General Rule of Civil Law, spiritual damage compensation becomes a brand-new system of Civil Law, established in our country. Spiritual damages compensation is a hotpot in studying theory of law and there is a good many issues to be settled in judicial practice, because of its short-time existence and complexity. In this thesis, the author makes some shallow studies on subject, object, fixation of compensating amount etc, in system of spiritual damages compensation, taking basic theory of Civil Law, rules and regulations and judicial interpretation in effect as starting point, combined with prejudication of some typical cases of spiritual damages compensation in judicial practice.This thesis is divided into 4 parts.Part-1 is a summary of interrelated lawful issues of spiritual damages compensation. In this part, the author, starting with the concept of spiritual damages, discusses two viewpoints of spiritual damages in broad sense and in narrow sense. After then, the author takes apart the nature of spiritual damages, based on which, he defines spiritual damages compensation and analyzes characteristics of system of spiritual damages compensation in aspects of compensating premise, compensating purpose, design procedures and applicable scope. The author makes it clear that spiritual damages compensation is a manner of taking responsibility in law of right encroachment, also a manner of relief mainly directed towards encroaching right of dignity. It is stipulated in law to placate spiritual damages by means of money compensation, namely makes up for victim's spiritual damages indirectly. After that, the author studies the two main functions of spiritual damages as follows: compensating and placating the victim; punishing and conducting the offender. As to the concrete application of these two functions, the former is ought to be given more priority than the latter.Part-2 is about the discussion of right subject of spiritual damages compensation in our country. According to formulation of Superior People's Court in Interpretation on Issues in Defining Responsibility of Spiritual Damages Compensation of Civil Right Encroachment, people, with request right of spiritual damages compensation, respectively are the victim, the guardian, close relatives, processors of special goods symbolizing dignity, the spouse, parents and children after a natural person dies. There is no definite stipulation in this Interpretation on some special people with request right, frequently met in practice of trial. In the thesis, the author firstly studies several situations when the natural person is the subject of request right of spiritual damages compensation, divided into direct victim and indirect victim. With regard to direct victim, it is researched whether some special civil subject, like the minor, the psychotic, and the gork, can be the right subject of spiritual damages compensation; as to indirect victim, whether the close relatives of the dead and the handicapped by injury can be the right subject of spiritual damages compensation is researched; after these researches, the author studies whether the fetus and the processor of special souvenir can enjoy the request right of spiritual damages compensation. Finally, it is concluded that the above-mentioned people with request right are ought to enjoy the request right of spiritual damages compensation. Secondly, the author probes whether legal person or other organizations enjoy the request right of spiritual damages compensation or not. At the present time, there is no definite stipulation in legislation on scope of the subject of request right in our country and there is no consensus in circles of theory, however, the author regards, by analyzing some cases and contrasting different viewpoints, that legal person is ought to enjoy right of dignity by operation of law, but the right of dignity enjoyed by legal person is ought to be compatible to its nature of group. The dignity enjoyed by legal person and natural person is different: legal person's dignity dose not process spiritual nature, therefore, the system of spiritual damages compensation, applied to living nature person with sense and thought, is ought not to be applied to legal person or other organizations. In the end, we come to the conclusion that legal person or other organizations are inadvisable to be the subject of request right of spiritual damages compensation.Part-3 is about the object of spiritual damages compensation. In this part, the author explains clearly that in system of spiritual damages compensation, the object of spiritual damages compensation has respect to the establishment of request right of spiritual damages compensation. The difference on basic condition, culture of law, custom of nationalization, and degree of civilization in various countries leads in great distinction on the scope of object of spiritual damages compensation there. As the scope of object of spiritual damages compensation in our country is enlarged constantly, the author discourses five kinds of applicable scope of spiritual damages compensation in our country by means of enumeration: firstly, spiritual right of dignity is encroached; secondly, material right of dignity is encroached; thirdly, right of identity is encroached; fourthly, special goods with commemorating meanings are encroached; fifthly, the application of spiritual damages compensation violates an agreement.Part-4 is about issues on fixing amount of spiritual damages compensation. There is no definite stipulation on amount of spiritual damages compensation in interrelated law and judicial interpretation, so there is no concrete standard to be followed in its practical use. By contrasting several cases, the author explains the great disparity of compensating amount in judicial practice. Then the author lists standard of compensation or upper limit and lower limit of compensation, drawn up in some foreign countries and civil regions, and proposes the issue whether drawing up a uniform standard of compensation is feasible or not. In the opinion of the author, individual cases of spiritual damages differ in thousand ways, so fixing compensating amount of spiritual damages is deeply subjective and uncertain, and the enactment of upper limit and lower limit quantifies dignity, violating the original attention of establishing system of spiritual damages compensation. In addition, whether it constitutes spiritual damages or not and the degree of pain felt differ on different people, also influenced and restricted by a good many factors. Mechanically applying the fixed standard is inevitable to cause rigidness to law enforcement, even doing a harm to just and solemnity of law. Based on this viewpoint, the author discourses several kinds of factors that are ought to be considered in fixing a reasonable compensating amount, focusing on the stipulation in 10th item of Interpretation on probing two aspects with disputes: condition of benefits obtained of the offender and his economic capacity of taking responsibility. The viewpoint of the author is that there is no necessary connection between degree of spiritual pain suffered by the victim and the offender's condition of benefits obtained and economic capacity of taking responsibility. The condition of benefits obtained and economic capacity of taking responsibility of the offender are ought not to be the indispensable element of fixing amount of spiritual damages compensation, which can be considered carefully only in condition of reflecting the caring the treasure to the weak, instead of compensating more randomly when the offender has strong economic capacity of taking responsibility, otherwise compensating less. That the judge takes good advantages of his right of free judgment is propitious to make up for the deficiency of legislation.Finally, the conclusion part comes to a summary that spiritual damages compensation is an extremely complicated issue, also the significant component element of Law of Right Encroachment. The author expresses his full confidence and looking-forward to the sustained development and the increasing completeness of system of spiritual damages compensation.
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