Compensation For Moral Damage To The Scope Of Research

This article includes six parts in content and structure, besides preface and concluding remarks.The first part includes the definition of the spiritual damage, analysis of its characteristics, and the legal functions of compensation for the spiritual damage. The spiritual damage means that a natural person being conscious function suffers spiritual damage because of legal facts of damage. Its main representation is pain and sufferings (torments) in body or spirit .The spiritual damage is a kind of non-property damage (intangible damage), and it is the damage of the spiritual benefits. It differs from the property damage, the personality benefit damage, and the status benefit damage. Its characteristics are non-property damage on the appearance of damage, occurrence in company with other damage, the nature of conscious enginery, and subjective and objective when judging the damage. The functions of compensation for the spiritual damage are adjusting and comforting the victim who suffers the spiritual damage, and at same time, reprimanding the tort.The second part discusses who has right to request compensation for the spiritual damage. They are limited in the natural person, excluding corporation and other organizations. The corporation cannot cause pain and torments in body or spirit as the natural person. The problem of compensating its spiritual damage is not existent Moreover, the natural person must be alive, including direct victim and indirect victim (such as, nervous shock). However, the embryo (fetus) and the dead are not the legal subject. They cannot have right to request compensation for the spiritual damage, instead of them are the borne man and the next of kin (relatives) of the dead.The third part discusses which rights and benefits when being violated can cause compensation for the spiritual damage. They are the rights or benefits ofpersonality, status, particular property. When natural person's personality, status, and particular property rights are violated, the spiritual damage and compensation will occur. Because these rights when being violated will cause the damage of the spiritual benefits. The purpose of compensation for the spiritualdamage is relieving the victim who suffers the spiritual benefits damage--adjusting and comforting the victim's pain and torments in body and spiritThe fourth part is about the compensation for the spiritual damage in the behavior of breaking contract (breach). The author begins with the analysis of different countries' law, illustrates the necessity and feasibility to build up the legal system of compensation for the spiritual damage in the behavior of breaking contract in China. The spiritual damage caused by breach also should be relieved and compensated in the contract law. Then the author expresses his imagination of building up the legal system, that is, which contracts when being broken can apply to compensation for the spiritual damage in the contract obligation, and the scope of compensation should be limited by the rule of predictability.The fifth part is about compensation for the spiritual damage in the civil procedure attached to criminal procedure. Analyzing two different opinions, the author expresses that the criminal victim should also be relieved through compensating his spiritual damage. He can bring a suit in the civil procedure attached to criminal procedure or in the civil procedure alone.The sixth part is about compensation for the spiritual damage in the national compensation. The author first analyzes the National Compensation Law. Then discuss why the compensation for the spiritual damage should be involved in the national compensation. At last the author makes some suggestions to perfect the Law.