Compensation For Moral Damage To The Scope Of Research

The rule of compensation for mental distress is an important part of the rule of compensation for injuries in modern civil law. The writer of the thesis represents his opinion about the applicable scope of compensation for mental distress by analyzing and defining the relevant concepts of it.The thesis consists of four chapters.Chapter one gives the overview of mental distress and compensation for mental distress. Firstly, the writer expatiates on the definition of mental distress, analyses the characteristics of it. Its main representation is pain and sufferings, and it is the damage of spiritual benefits. The functions of compensation for mental distress are adjusting and comforting the victim who suffers the damage, and at same time, reprimanding the tort.Chapter two discusses the subject scope of mental compensation. It contains subject of civil right and subject of duty, this thesis mainly discusses the scope of subject of civil right. The subject of civil right is limited in the natural person. Person who has no sense of distress and third party also have the right to apply for compensation for the damages. Relatively, embryo should be protected more positively; the dead shall not become the subject applying for compensation for mental distress. At last, legal person cannot have mental distress, and shall not apply for compensation for mental distress.Chapter three mainly discusses the object scope of compensation for mental distress. This chapter discusses the basic theory on determining the scope of compensation for mental distress, and introduces this problem in other countries'lawmaking. This chapter gives its standpoint on the object scope of compensation for mental distress. These rights and interests shall include but not be limited in rights or benefits of personality, status, particular property, moral right of intellectual property and moral interests.Chapter four mainly discusses the scope of application in China. Aiming at the problems exiting in China, the writer brings forward several advices to solve these problems.