Mental Injury Compensation System

To fully realize and share human right is the great goal of human being. To protect human rights, many states establish a lot of regulations or form a series of law system, so the system of compensation for spirit damages gets rapid development. The system of compensation for spirit damages of China has been instituted in despite of late start, which plays the important part in the complete protection of human rights and the regularization of disordered justice. But because of the complication of the system of compensation for spirit damages and the changed social life, the system of compensation for spirit damages of China shows more and more shortcoming, so the study of the system of compensation for spirit damages of China is still the key problem of civilian law. Author discusses this problem from five parts and hopes to benefit the progress of China human rights and the construction of civilian law code.Part 1: The analysis of the mean of compensation for spirit damages, nature and the establishment of the system of compensation for spirit damages of China. First, the analysis of the concept of several law terms, such as spirit, damages, damages of spirit, the compensation for damages of spirit, author thinks that the concept of the compensation for damages of spirit is the legal system that subject of civilian law asks for property compensation to the invader of rights when his interests of personality and identity are in attack. Second, author come up with the idea that the nature of the compensation for damages of spirit is the compensation of property, then author gives his three reasons. Third, author states that the function of the system of compensation for spirit damages of China should contain punish, comfort and compensation. At last, author introduce the process of the system of compensation for spirit damages and simply states the establishment and development of the system of compensation for spirit damages in China.Part2 the principal of imputation of the system of compensation for spirit damages. Author studies this parts from three aspects. First part is concerned with difference between imputation and the principal of imputation. In second part, author researches the establishment, application and development of principal of fault liability, principal of none fault liability and principal of fair liability. At last, authorposes that China should apply " the principal of dual imputation "to compensation for spirit damages which equates the principal of fault liability and principal of none fault liability. Author also gives his four reasons for the application.Part3 the scope of the application of compensation for spirit damages. This is one of the key problems of the system of compensation for spirit damages, and also one of the problems most concerned in the field of law. Author studies this parts from two aspects. First, author defines the concept of the subject of compensation for spirit damages and states the disputes of this. Author specially expounds the reason that corporation of China can't be the subject of compensation for spirit damages: 1 The Nol20 2nd article of <doesn't necessarily mean that corporation of China can be the subject of compensation for spirit damages. 2 Natural person differs from corporation in human rights and human interests, so it is unreasonable to protect them by the same system. 3 That is in accord with the legislation of foreign. Author points out that current law of China rules out corporation the subject of compensation for spirit damages. Second, author introduces the legislative institution of foreign, and shows many shortcomings of the application of specially defined legislation institution in the system of compensation for spirit damages of China. Then, author sums up the objective scope of compensation for spirit damages of China, combined by and explanation of justice.Part4 the determination of the sum of the compensative money for spirit damages. The end of the system of compensati...