Mental Injury Compensation Principle

There is no definite provision in Chinese law about doctrine of liability fixation of compensation for spiritual damage and exists disputation in theory. The case of compensation for spiritual damage is anfractuous and it is difficult to deal with a lot of law case by invoking the active idiographic regulation. But the judicial official can deal with the case of compensation for spiritual damage accurately to crack down on all kinds of tortuous actions and protect the person right over body adequately recurring to doctrine of liability fixation. Under the Condition that the law of compensation for spiritual damage is not perfect, the exertion of the doctrine of liability fixation's function is very important. So this paper will make a tentative study to compensation for spiritual damage's doctrine of liability fixation in order to make the complex doctrine of liability fixation about compensation for spiritual damage a logistic system. I hope the paper can provide the theoretic bases to make the application of doctrine of liability fixation about compensation for spiritual damage in practice father perfect, therefore make it more accord with the practice of market economy and conform to international trend.Currently, there are two kinds of principal viewpoints about spiritual damage compensation's doctrine of liability fixation. The first viewpoint thinks principle of liability for fault should apply to compensation for spiritual damage; the second think both principle of liability for fault and principle of liability without fault apply to compensation for spiritual damage. The paper think because of the universality of compensation for spiritual damage applicable range and the diversity of civil delict, it seemed as if we should not prescribe a uniform doctrine of liability fixation within the range of compensation for spiritual damage. Principle of liability for fault applies to compensation for spiritual damage of infracting the psychic personality right and identity right. Principle of liability for fault, principle of liability without fault and equitable liability principle are applicable in compensation for spiritual damage of infracting the physical personality right and identity right.This paper is composed of three parts: introduction, text and epilogue.The introduction introduced the background and intention of choosing the theme.The text can be divided into four parts:The first part introduced the main conception, object, theoretic basis and brought forward the application of compensation for spiritual damage doctrine of liability fixation.The second part mainly discussed the history of principle of liability for fault, the process of compensation for spiritual damage system's formation & development and the theoretic basis through which we consider principle of liability for faults the basic doctrine of liability fixation of compensation for spiritual damage. And the paper will discuss the applicability about principle of liability for fault of spiritual damage. Finally, the paper discussed compensation for spiritual damage is a especial way of the exerting principle of liability for fault and introduced several especial infringing acts that should make use of doctrine of presumptive to confirm liability for compensation for spiritual damage and the meaning & deficiency of doctrine of presumptive applying to compensation for spiritual damage. There are several especial infringing acts that apply to exerting doctrine of presumptive to confirm the liability for compensation for spiritual damage: the psychic personality right damage resulted from subterranean work, the psychic personality right damage resulted from building & other establishments and suspender & shelves, the personality right and identity right damage resulted from person without capacity of civil conduct or with limited capacity for civil conduct; the personality right and identity right damage induced by corporation's missionary, the personality right and identity right damage induced by employee during working, the personality right and identity right damage caused by orderer's defect, and so on.The third part discussed the history of principle of liability without fault, the enact about principle of liability without fault applying to compensation for spiritual damage in many countries' law, the meaning of principle of liability without fault applying to spiritual damage, the difference between principle of liability for fault and principle of liability without fault. In this part the writer introduced several conditions prescribed by Chinese law that could use the principle of liability without fault and indicated if the accident liability caused the victim's damage, the principle of liability without fault should be applied to ascertain liability for compensation for spiritual damage. There are several especial infringing acts that apply to exerting principle of liability without fault to confirm liability for compensation for spiritualdamage: manufacture's liability, the exceedingly danger task, the pollution of the environment, the damage compensation caused by animals, the damage of physical personality right caused by liability for accident.The forth part discussed that the equitable liability principle is a independent doctrine of liability fixation, introduced the history of the equitable liability principle and several problems of understanding the equitable liability principle, demonstrated the meaning of the equitable liability principle's application in the case of compensation for spiritual damage. At last, it introduced that five conditions proclaimed in writing by law that infracting the physical personality right to psychic damage can request compensation for spiritual damage in the light of the equitable liability principle.The epilogue summarized roundly the application of compensation for spiritual damage doctrine of liability fixation under the condition of infracting different objects.