On Compensation For Moral Damage

Mental damage compensation, or simply called mental compensation, which is to compensate mental damage materially is the tendency for moden civil law development. Our country adopted mental compensation relevantly late. General Principle of Civil Law of the People's Republic of China, effected on January 1, 1987, has set rules on civil liabilities on mental damage, by basing on domestic and foreign legislative and judicial experiences in civil law area. As our mental compensation system is not so perfect, there are still not any systemic and definite rules on the conception, scope, principle, ways of remedy, and quantum of damage.Actions in consideration and actual operation are not consistent . Therefore , it's necessary to borrow foreign advanced examples of legislation, case, and theory, to perfect our mental compensation system.. This article studies the several key issues in our mental damage compensation system. ,in an effort to contribute to the perfection of our country's mental damage compensation system.There are four chapters in this articleChapter 1, Conspectus of Mental Damage. Through the discussion on the two doctrines of both approval of and disapproval of compensation for mental damage, this chapter elucidated that the theoretic ground of compensation for mental damage is that it bears the function of compensating, soothing the person aggrieved, and punishing the inflicter as well. Chapter 2.Basis of mental damage compensation.Chapter 3. Scope of mental damage compensation Specific Issues of Compensation for Mental Distress. This chapter discussed emphatically,the compensation for mental damage of legal Person, person who has no sense of damage dead embryo. Chapter 4.The calculation of mental damage compensation amount:...