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Moral Damage Compensation For A Number Of Issues

Posted on:2003-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:H Y YuFull Text:PDF
GTID:2206360095451936Subject:Jurisprudence
Abstract/Summary:PDF Full Text Request
Compensation for spiritual dajnages means a civil legal system that a person suffers mental scar or spiritual damages after his personal right or some particular possession right get illegal aggression, and therefore calls for relief and protection by demanding the infringer' s compensation. The new civil legal system in China was built up as the carry out of General Civil Law of PRC", and it has widened people's rights. However, so far it's still quite imported and in judicial practice, many problems appear, thus modification and perfection are needed.This article focuses on the history development of the compensation system for spiritual damages, the main points that constitute the responsibility of compensation for spiritual damages, the scope of compensation for spiritual damages, the identification of compensation for spiritual damages, etc.In terms of the world, the history development of compensation for spiritual damages has generally experienced three stages, namely the rudimentary stage of ancient law, the forming stage of modern law and the perfecting stage of contemporary law. The compensation system for spiritual damages first appeared in "Empire Qing's Civil Law Draft" and "Min Guo's Civil Law Draft", and then Min Guo's Civil Law was passed and the system was established. Nevertheless, after the People's Republic of China's setting up, the system's reasonability was denied and compensation for spiritual damages was viewed as capitalist civil legal system and was excluded for we followed Soviet' s theory and experiences in civil law. The system was not established formally in China until the announcement and carry- out of "General Civil Law" in 1986.As to the main points that constitute the responsibility of compensation for spiritual damage, four aspects are included: first, aggression upon one's spirit is the presupposition of the infringer's taking the responsibility of compensation for spiritual damages; second, a certain case of spiritual damages is the infringer's taking the responsibility of compensation for spiritual damages; third, the infringer's the subjective fault (intentional or negligent) is the subjective condition of the infringer's taking the responsibility of compensation for spiritual damages; last, the relationship between the infringer' s action and the case' s consequence should be that between cause and effect, which is the causality condition.Various countries have various definition as to the scope of compensation for spiritual damages, Before, the scope was stipulated too narrowly, for the compensation was only related to aggression on citizens " 4 rights" or "3 rights". Therefore, the practice of judicial trial has managed to outgrow the stipulation and the Highest People' s Court has given new explanation to this stipulation, which has widened the scope of compensation for spiritual damages.The problem concerning spiritual damages is one of the most complicated problems. Today's Chinese law hasn't set a standard for spiritual damages, so in judicial practice there were always such situations so in judicial practice there were always such situations as sums of damages differing from each other greatly. In order to solve these problems, I think foreign constitution experience should be inferred, situation at home should be considered, several principles should be grasped and then we can determine a reasonable compensation sum.As I have mentioned above, so far China's compensation system for spiritual damages is still imperfect, which is mainly characterized by: theapplying scope is too narrow; a person who can share the right encounters many strict limits; compensation sum and standard are in lack of u-nity; etc. According to the dements that exist in the system, I suggest that to perfect it , we should fulfill the following points: first, make clear the definition of spiritual damages and confirm the system by construction; second, further widen the applying scope of compensation for spiritual damages; third, reduce the limits that people encounter...
Keywords/Search Tags:spiritual damages, compensation for responsibility con-stitution, the scope of compensation, damages, constitution perfection.
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