Mental Injury Compensation System

This thesis totally contains four parts:The first part chiefly analyzes some basic concepts of compensation system for spiritual damage and the composing item of compensation for spiritual damage. The scientific cognition to spiritual damage is a sill to study compensation system for spiritual damage. For this reason this part made studying of many angles to this problem. First this thesis defines the concept of spiritual damage, then analyzes a few characteristics of spiritual damage: spiritual damage is a kind of abnormal condition on spirit or spirit benefits loss, a kind of invisible damages, recognizable etc. Finally discusses the differences among spiritual damage, the property damage and non-property torts.The second part mainly discusses the process and reason of compensation system for spiritual damage. It is the premise and foundation for studying compensation for spiritual damage to cognize the reason of the establishment and development of compensation system for spiritual damage. For this reason this part put great emphasis on this problem. As for reason of establishment and development of compensation system for spiritual damage, I think it primarily includes : (1)The development of market economy; (2) The development of human rights thoughts and human rights movement; (3)The prosperity of technology, the development of city and the concentration of population; (3)The development and the advance of the basic principle of civil law; (5)Sublimation of people cogitation to compensation system for spiritual damage; (6)The development of related theories.The third part primarily discusses some basic systems of compensation system for spiritual damage. As for the objects of compensation for spiritual damage, the article analyzes five kinds of lawmaking style and two important characteristics in the development of the objects system of compensation for spiritual damage. As for the corpus of compensation for spiritual damage, the article primarily studies corpus scope. In my opinion, the corpus scope should only be limited tothe natural person, for the difference of personal rights between the legal person and natural person, As for compensation money for spiritual damage, the article analyzed first five rules and three kinds of methods for deciding compensation money for spiritual damage, then studied in detail a few factors of influencing amount of compensation money for spiritual damage.The fourth part primarily studies compensation system for spiritual damage of our country. This part includes three aspect contents: (1)The history of compensation system for spiritual damage of new China. The thesis divided the history of compensation system for spiritual damage of our country into three stages: Creating stage, developing stage, mature stage. (2)Some basic systems of compensation for spiritual damage of new China. This part primarily studied the scope of objects and its lawmaking style, the scope of rights corpuses etc. (DThe perfection of compensation system for spiritual damage of our country. It is the important contents in this part. The article first analyzes the problems in compensation system for spiritual damage of our country, then bring up the basic way for the perfection compensation system for spiritual damage of our country.