Analysis On Compensation For Personal Damage Of Likaiqiang Charged By Song

Justice is the the value goal of the humanity pursues and the driving force of society. The principle of fairness as the basic principles of civil law is not only the basic value orientation that the civil subject in civil activities, but also the ultimate goal that the law in resolving disputes between the parties. The principle of fair liability is the exemplification which the accountable principle of fairness as the basic principles of the civil law in tort law field. It's application will help solve the unfair arising from the accountable principle of fault liability and the accountable principle of no-fault liability generated, at the same time, compliancing with the value requirements that the legal safeguard social fairness and justice.This article embarks from the Li Kaiqiang case's decision, analyzes the Li Kaiqiang's no-fault and elaborates that Li Kaiqiang should bear the responsibility of fair, but should not bear the compensatable responsibility of the spiritual damage. At last, the writer elaborates the thinking from the case sparked, in order to provide some reference for the similar cases.The paper is divided to three parts:The first part introduces the details of case, the judgment of our court and the three points:Does Li Kaiqiang to have the mistake in this dispute of the personal damage compensation? Is the case to adapt the principle of fairness and the accountable principle of fair liability? Does Li Kaiqiang to bear the compensatable responsibility of the spiritual damage.The second part explores the analysis of case and states the meanings, adaption, constitutions, differences of the principle of fairness and the accountable principle of fair liability; elaborates the meanings, values, constitutions of the spiritual damage compensation. These elaborations is in the basis of admitting Li Kaiqiang's no-fault. Eventually, we can conclude that this case is adapt to the accountable principle of fair liability; Li Kaiqiang should not assume the compensatable responsibility of the spiritual damage.The last part introduces the pondering of the case. The writer analyzes the thinking that this case initiates from the following several aspects:First, perfecting the principles of fairness and the accountable principle of fairness. Second, the legislative inspiration on the compensataion of spiritual damage:the legislative condition and the perfect measures about the compensataion of spiritual damage in our coutry.