On Mental Damages Expansion

Mental damages compensation system was stipulated by the first time in The General Rule of Civil Law , which is one of Chinese fundamental laws, in 1986Therefore, mental damages compensation, aimed at protecting violation of civil law, has been acknowledged by civilian. However, comparing with developed capitalism countries, there obviously exist vital deficiency and defect without a perfect and technical system along with the process of the globalisation of law. Inflexibility of statutory mental damages compensation awfully affects on civilians and in this sense civilian's legal rights are restrained. For instance, the right of virginity, as a kind of personal rights, is still exempt from mental damages compensation. It is undeniable that issues such as mentioned above are urgently required being stipulated by legislation. The paper accordingly submits suggestions on perfecting mental damages compensation system, after checking its legitimacy.