China Moral Damage Compensation System To Improve The Study

The civil law michinori marks our mind injury compensation system was established, the system established reflect the progress of social civilization and human.From overall perspective,the general trend of mental damage compensation has been toward gradually expanding the scope and developing the legislative activiyies.Our mental damage compensation system has been researched extensively and has achieved some breakthrough in theory and the legislature, such as the state compensation law is worked out the first time regulating the mental damage compensation in state compensation and providing appropriate compensation standards. This research mainly on the basis of their predecessors, through summarizing some theory and practical issue of the mental damages compensation,hoping get a great breakthrough in research of mental damages compensation system.This article mainly divided into four parts:The first chapter:The meaning of mental damages compensation and function analysis.This chapter first from the meaning of mental damages and mental damages compensation, the author stand for mental damages caused essentially implies that the civil subject of civil rights and other lawful civil rights and interests of mental damaged, its final form is the loss or impairment on mental pain and mental interests.Second I introduce the function of the mental damages compensation and think mental damages compensation has a function as compensatory, comforted and punishment.The second chapter:Main theories concerning mental damages compensation.this chapter introduce the main point that againsting mental damages for compensation and approving the mental damages for compensation.Through analysis the views of againsting the mental damages for compensation. On the basis of above mentioned items,trying to analyses main views of mengtal damage compensation,the author combine the function of mental damage compensation and put forward his own opinion approving mental damage compensation.The third chapter:The present analysis of mental damages compensation in our country.This chapter first introduce our current provisions of the mental damage compensation, one is a basic civil law of the civil law michinori,and the other is the relevant provisions of mental damages compensation in specific laws and regulation.Then sum up some major problems of the mental damages compensation in our country,mainly analysis three aspects which the body mental damages compensation and the uncertainscope of the mental damages compensation and the mental damages compensation standard to determine the amount.The fourth chapter:Improving our mental damages compensation. this chapter is primarily directed at some problems of our mental damages compensation system and come up with countermeasures.At first, analysis the elements of mental damages;second, the scope of mental damages compensation,maintain the main areas of mental damages compensation should include both natural and legal persons;Matter scope should be clear from the other position and increase the protection of mental other the several ways to improve;Third, the limition of mental damages compensation standard.