Reconstruction Of Mental Damage Compensation System In China

The establishment of mental damage compensation embodies social development and civilization. Mental damage compensation attracts great attention both home and abroad, the usage scope of mental damage compensation enlarges gradually and so does the legislation on mental damage compensation. As far as China is concerned, the applicable scope of mental damage compensation and compensation standard have been most extensively studied, and there is certain breakthrough on mental damage compensation in theory, such as the opinion of contract violation belonging to mental damage compensation breaks through the traditional concept that only infringement applies to mental damage compensation. This thesis makes a conclusion on the basis of previous research and strives to achieve a greater breakthrough on mental damage compensation.The thesis contains three parts. The first part depicts the development and theory of mental damage compensation in a way of writing history. The author, by narrating the historical background of the occurrence of mental damage compensation system, especially in innovation, strives to find out the jurisprudence clues of the occurrence of mental damage compensation system which is meaningful to mental damage compensation research. And then, the author will introduce main theories concerning mental damage compensation so as to deepen theoretical understanding of mental damage compensation. On the basis of above mentioned items, combining the history and theory, the author tries to analyses spirit of law on mental damage compensation and put forward his own opinion which is also the innovation of this article.The second part illustrates some of the major flaws in China judicial legislation in the concrete manifestation in reality and takes examples to explain mental damage compensation system that needs perfecting desperately. Otherwise, China legislation would encounter the awkward questions and cannot reflect the righteousness of law.The third part is an integration of the author's opinion which is also the core part of the whole article as well as way of solving questions. Based on deep research of spirit of law and actual need on mental damage compensation, the author will present a distinctive point of view which is the Reconstruction of moral damage compensation system. This part, of course, inherits scholars' previous research and also criticizes something. The author's restructure part of mental damage compensation contains general principles, accreditation process, applicable scope and exceptions.