China The Spirit Of The Scope Of Damages

The scope of compensation for mental distress is one of the core questions of the rule compensation for mental distress.If we can make certain the scope of compensation for mental distress,the question which mental distress can get compensation would be answered definitely. Through analyzing theoretically the question about the scope of compensation for mental distress,this thesis tries to find the method and standard of confirming the scope of compensation for mental distress fitting the actuality of China,and tries to educe the rational scope of compensation for mental distress using the method and standard ultimately.There are three sections in this thesis to illuminate the question:Sestion 1,conception of mental distress and compensation for mental distress. What is mental distress is analyzed firstly,and then the conception of compensation for mental distress is explained as a citizen can ask some money to punish the man of doing delict and conciliate victim when he felt mental distress for delict.Sestion 2,comparision of actualities of scope of compensation for mental distress in several foreign countries and in China.The scopes of compensation for mental distress of countries from continental genealogy of law such as France,Germany, Switzerland, Japan and from Anglo-American genealogy of law such as Britain,America are enumerated.Then actuality of scope of compensation for mental distress in China.The law and juridical explanation regarding the scope of compensation for mental distress in China is enumerated and analyzed,through this we can find the scope of compensation for mental distress in China,and at last the shortcoming of the scope of compensation for mental distress in China is brought forward.Sestion 3,how to reconstruct the scopes of compensation for mental distress in China. This thesis considers that at present there are two methods confirming the scope of compensation for mental distress,that is restrictism and unrestrictism.Our country should choose restrictism.Then we should analyze the standard confirming the scope of compensation for mental distress from two aspects--at qualitative aspect,mental distress is classified and at quantitative aspect,mental distress must reach some degree.This thesisconsiders that in our country the standard conforming the scope of compensation for mental distress is whether the Corporal rights were infracted and whether mental distress reaches some degree.Using the method and standard,the rational scope of compensation for mental distress is enumerated in the end of this section.