On The Spirit Of The Scope Of Damages

In recent years, the problem of mental injury compensation has become a hot point as well as a difficult problem not only within the theoretical field of law science, but also within judicial actual situation, and how to construct a perfect system of mental injury compensation also has become one of the important subjects to establish the civil code of our country. Of the above, mental injury compensation is the core problem of this system. The writer of the thesis represents his opinion about the applicable scope of mental injury compensation by analyzing and defining the relevant concepts of itThe purpose of writing the thesis is to define the applicable scope of mental injury compensation in our country, including the object or subject scope and the application problem within criminal and administrative scope, on the basis of clarifying the scientific meaning of mental injury compensation. For the purpose, the writer discusses the problem fully of mental injury compensation's applicable scope on the same basis by using comparison and the method of combining theory and practice.The thesis consists of five chapters.Chapter One gives the overview of mental injury compensation. Firstly, the writer compares and analyzes the different studies on mental injury compensation, on the basis of the above, he goes on to analyze and define the concepts and the connotations of spirit, mental injury as well as mental injury compensation. Secondly, the writer reviews the history of spiritual compensation in China and summarizes the course of its development.Chapter two mainly analyzes the objects of mental injury compensation. The writer firstly compares and analyzes the studies on the object scope of mental injury compensation from the aspect of benefit damage compensation by the compensation system, pointing out that the object scope should be broadened. After studying the problems of violating personal rights, property right, creditor's right and intellectual property right and the mental compensation for those, the writer proposes the specific object scope.Chapter three mainly studies the subject scope of mental compensation. First of all, the writer discusses the problem of whether legal person could be the body of right of mental injury compensation and analyzes the unjust of legal person mental injury compensation from the perspectives of theory and practice. Then he explores the mental injury compensationproblem relevant to the relatives of the victims.Chapter four is the analysis of mental injury compensation within criminal and administrative realm. Both crime and national infringement will result in serious mental injury of the victims, therefore, effective legal relief system should be established, so as to protect the victim's rights and legal benefits. Finally, the writer proposes that the relevant law should be modified as soon as possible to meet the need of the development of the society and that of people, so that a comprehensive mental injury compensation system can be established.