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Moral Damage

Posted on:2006-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:G L FangFull Text:PDF
GTID:2206360155469391Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Man who lives in the world can't have the mental interests .It is a important mission to protect man's mental interest for law. So , it is a important mission to establish the rule of compensation for mental distress .However ,mass of people misapprehend the basic meanings of mental distress and produced confusion in practice .Therefore ,this thesis aims to promote theory's development and serve justice practice by expatiating on some basic issue of mental distress.The article has four parts :Part one: The essence and meanings of mental distress. Through the comprehension of injury's essence ,the thesis takes for that it's essence of mental distress is the state of disadvantage ,in which rights and interests of civil subject were violated .It's the derogation or lose of mental interest ,which behaves of mental suffering mainly.Part two: The subject of mental distress .The thesis fixes on subject scope of mental distress limited with victim . Through comparative law analysis and research, this thesis takes for that the subject of mental distress should only be natural person including the third part and the person who has no sense of distress .But embryo ,decedent and legal person shouldn't be the subject of mental distress.Part three: The object scope of mental distress .The thesis points that legislator should break through legal requirement and extend mental distress's object scope to protect the interest of civil subjects by the analysis of what should be law and what is law in fact .The article takes for the object scope of mental distress should include the rights of personality ,the rights of status ,the special property ,and mental interests.Part four: Legislation amendment to our country .By the analysis of mental distress on France and Germany which country in continental legal system and commentary on our country' legal requirement, the thesis presents corresponding legislative advise ,which basing on this research and the situation of our country .
Keywords/Search Tags:injure, mental distress, subject scope of mental distress, object scope of mental distress
PDF Full Text Request
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