Macao Moral Damage Compensation System

Notwithstanding the compensation system for psychological damage in Macao, a special region, was established fairly early, due to the peculiarity of this region, such as its distinctive history or so, this system is still under improvement.This dissertation consists of 4 chapters, covering general theory and scope of compensation for psychological suffering, determination of damages for that suffering, introduction of the present compensation system of Macao and suggestions for its improvement.Chapter I General Theory of the Compensation System. There are quite a few views of what is psychological damage, including the psychological distress theory, the theory of psychological distress & reduction of psychological interest and the non-physical loss theory, etc. In the context of the concept of psychological damage, the psychological distress theory is held in this dissertation. Compensation for psychological damage is a civil liability, usually termed as the compensation liability for psychological damage. With respect to the corresponding liability rule, in addition to fault liability rule, liability rule of presumed fault, strict liability rule and equal liability rule shall also be applied. No such liability exists unless certain essentials are satisfied, which include the actual psychological suffering, the wrongful act, causation between the two, the wrongdoer's fault and illegality of such wrongful act.Chapter II The Scope of Compensation. The scope of compensation for psychological damage involves two sides, namely, the scope of subjects and that of objects. With regard to the victim of psychological damage, no one but a natural person shall be entitled to claim damages for psychological suffering. As for corporation, a social organization as such, it is free from psychological suffering and thus, psychological damage shall not be applied to it. With regard to types of psychological interests impaired, psychological damages is usually claimed where personality right is impaired, but in some cases that property right or intellectual property right is impaired, psychological damages can also be sustained. This chapter primarily renders a specialized research on the cases in which the liability for psychological damages exists.Chapter III How to Determine Damages for Psychological Suffering. It holds that, upon determining the amount of damages, following points shall be taken into account, (i) the dual nature of the liability for psychological suffering, namely punishment and compensation, (ii) the economic development of a given community in a given time, (iii) degree of the wrongdoer's fault, and (iv) how great the psychological distress the victim suffers. In view of the complexity of psychologicalsuffering, it's impractical to raise a universal damages amount for all types psychological suffering, but it's still pragmatic and even necessary to put forward some suggestions or methods for reference on this point. Damages for psychological suffering can be determined by limiting the maximum damages, distinguishing types of that suffering and treating them respectively, or referring to decided cases.Chapter IV Current Compensation System for Psychological Suffering in Macao & Its Improvement. This chapter describes the present compensation system for psychological damage in Macao and discusses the problems under improvement. It's expected that, upon other law units' legislation experiences on remedy for psychological damage, the present remedy system for that damage in Macao be bettered.