Mental Injury Compensation System

The system's a spirit indemnity for. is compulsive infringement person of law facing victimizing the person paying first pen money, consist inning compensating because of civil case break the lawing the behavior violating victimizing the of person personality power suffering of civil case duty of spirit indemnity , conduct and actions with comfort to victimize the spirit of the person pain and sufferings.This text around establishes the spirit indemnity the systems, and divide four parts right should system of origin and development of basic theories, lawmaking and comparison the research, law apply with to the perfect proceeding that spirit indemnity lawmaking research with study.The first part, main expatiate the basic theories of the spirit indemnity.The spirit injures to point the body to suffer to violate, and the spirit suffer the intimidation, reputation, honor to be arrived to ruin , and the affection suffer the disservice , spirit to encounter the incitement, and the society is right to victimize the damaging of person's reputation , honor and similar disservice.Have not property , exsit independent is with three kinds of characteristics of onenesses.The spirit indemnity is a civil case corpus to suffer the illegality to violate, make the rights of its personality because of the Human body rights with the body civil case law for benefits suffering the damage, result inning the spirit pain and sufferings, requesting violating the person passing the property indemnification the etc. method proceeding give reliefing with aegis system.Having to injure the invisible, cause and effect relation the indirect and injure sum can't three characteristics of estimation.Spirit indemnity the system establish since then ,the theories field became the objection spirit to injure the money indemnification with approve the spirit the damagethe money to compensate two kinds of theories.Each parties of objection is from the different angle, expatiate the spirit injure the money to compensate of be unsuited to the reasonableness > but approve the parties to think the spirit indemnity to have to compensate, comfort to victimize the person to punish with punishment to violate the person three heavy function. The writer thinks, every kind of standpoint and modern infringement behavior method theories of opposition faction are disobey , and is unappropriate.Approve each parties , although from the different formation of social function each from the theories , all approve the spirit indemnity to have to compensate , comfort to punish three greatest functions with punishment > and match the theories of modern infringement behavior method.The second part, Chien's state spirit history of system indemnity development. The spirit indemnity is a near and modern civil case lawmaking thing that develop, experienced the ancient method to sprout period , modern age method formation period is with complete period three stageseses of modern methods.Law measure that out of heart indemnity system of ancient method inside, but it is the precursor of the spirit indemnity that ancient method inside for the right of personality protect.Rome method empress period, indemnity meaning for it telling the inside as well including to violating of the right of spirit personality . spirit indemnity having independence.The modern age method aegis the right of civil case corpus spirit personality , along with the Rome method guide since direction development? 16 centuries> the European Continent law system is with the anglo-american law system is all countries established with judicial precedent both side to aegis the right of spirit personality from the lawmaking respectively, at the same time , and also perfect aegis physically the right of personality .Modern method , regarding establishing of German civil code >> of << as the marking, enter complete period.Under modern society is with the modern legal system term, injure to give the spirit indemnity to become the widespread system, spirit indemnity to become theaegis civil case corpus p...