On The Spirit Of The Scope Of Damages

That human protect his own personal rights is of long standing. Though in primitive society there is no modem legal concept of personal rights, the then similar repentance shows that human paid attention to the protection of personal rights. Along with the development of human civilization, the protection of personal rights was also developed from the similar reverence of primitive society to the ancient single criminal protection, then to the modern multi-measure protection combined by criminal law, civil law and administrated law. Regarding the civil law protection, it's developed flow compensation of the early property loss to the present compensation of not only property loss but spiritual loss damage. This shows the modern law has a wider and more extensive protection of civil subject.The study and establishment of spiritual compensation damage system was gradually stressed only in one hundred years. In china, it's only in thirty years to study spiritual compensation for damage. After the exception of the General Principles of civil Law, because of the attention of most people and the gradually stronger legal mind, the spiritual compensation for damage has become a more and more well-known legal concept.The spiritual damage refers to damage to person's spiritual activity, which is pronoun of pains on psychology. The spiritual compensation for damage refers to a legal institution that a civil subject has spiritual pains due to the infringement of personal rights and has right to require certain property compensation. The compensation is paid when the spiritual damage could not be restored or be difficult to restore, its nature is property duty. The function of spiritual compensation is of variety, which includes three: compensation, comfort, and punishment.From the General Principles of civil Law in 1986 to the judicial explanation of spiritual compensation for damage made by the Supreme people's Court in 2001, the spiritual compensation for damage becomes gradually perfect in china. There are still defects, however. For example, the attitude to the spiritual compensation is different in civil law and in criminal law; there is no stipulation for protection to the pre-rights of personal; spiritual compensation for breach of contract is not stipulated. The author, as a civil judger, hopes to put forward his own legal advice about these issues, byHIcombing the theoretical knowledge with the judicial practice, so as to contribute to the legal construction in china.This paper has four parts:The first part: as the beginning part of the paper, the anther makes a brief introduction to the relevant concept and the history of spiritual compensation for damage. Beginning with the concepts of spirit, the spirit damage, the spiritual compensation for damage, the author analyzes the character, the nature, the function and significance of spiritual compensation. Then the author simply studies the history of spiritual compensation, from the ancient time to the present.The second part analyzes the objects of spiritual compensation. The anther firstly introduces the valiant opinions of objects. Secondly the anther puts forward the principles for determination of objects. Lastly, the author puts forward several issues related with object scope. The author considers that the object scope applied to spiritual compensation for damage should principally be limited within the infringement of personal rights, and should also includes the breach of special contract and damage of the particular property which has personal symbolization, so as to protect rights of civil subject completely and effectively.The third part puts forward the author's viewpoints or the subject scope applied to the spiritual compensation for damage. The author considers that the scope of subject who requires spiritual compensation for damage should be limited within the natural person, not including legal person or other organization. The author also analyzes the determination of relevant subject in some particular infringement.The fourth part i...