| The rule of compensation for mental distress is an important part of the rule of compensation for injuries in modem civil law. This thesis aims to make a tentative study on some issues regarding compensation for mental distress. In recent years, the issue of the compensation for mental distress has become a contentious topic. There are different views among the ordinary people, the academe, and the judiciary. Since the Interpretation of the Supreme Court on Several Issues about the Trial of Cases Concerning the Right of Reputation was promulgated in1993, the debate of "should compensate or not" has been terminated, which, in turn led to how to compensate, and what’s the compensation amount. Despite the law provides, but the regulations are not enough to adapt to circumstances excessively. In judicial practice, there are inconsistency on the range of mental distress, the criterion of the compensation and the compensation amount, which affect the authority of the justice.On March8,2001, the Supreme Court announced the implementation of the Interpretation of the Supreme People’s Court on Problems regarding the Ascertainment of Compensation Liability for Mental Distress in Civil Torts, which comprehensively strengthen the judicial protection of mental distress. On April29,2010, the Amendment for the State Compensation Law was passed, which formally absorbed the compensation for mental distress into the frame of the State Compensation Law.This thesis intends to elaborate the concept of the compensation for mental distress, the subject and the object of the compensation for mental distress, and the range of the compensation, as well as the ascertainment on the compensation amount, considering the relevant law, the judicial interpretations and the judicial practice, in order to prove the necessity of the compensation for mental distress. In the meantime, this thesis shall focus the operability and the improvement of the compensation for mental distress in judicial practice. |
PDF Full Text Request