On The Road Traffic Accident Compensation For Moral Damage

With the progress of human civilization, spiritual damage compensation system is improving and perfecting. In recent years, every year population died from traffic accident is about 100,000 and the injured population is about 500,000, and the case of spiritual damage caused by traffic accident is increasing and the problem of spiritual damage compensation is more serious day after day. In past time, for many reasons, while dealing with the bother of traffic accident judicial authority does not support the demand for compensation of spiritual damage, especially traffic management department of public security organ does not consider this demand at all while adjusting the compensation caused by traffic accident. In China, spiritual damage compensation system appeared firstly in the Draft of Qing Civil Law in the later Qing dynasty of China and the Draft of Civil Law of the Republic of China in the earlier of the Republic of China. When the Civil Law of the Republic of China passed formally, China established spiritual damage compensation at the first time. After the establishment of China, Chinese began to learn from the civil theory and practice of Russia and deny and refuse spiritual damage compensation system. In 1986, issue and practice of the regulations of civil law of the People's Republic of China, spiritual damage compensation system of new China began to be accepted and originally built. And the regulations permits the sufferer in name right, portraiture right, fame right and honor right asking for compensation for spiritual damage. In practice, the other tort of personal right such as privacy right, credit right and so on are added into the protection of compensation for mental damage and the action of universal personal right began to get compensation for mental damage. In 2001, Supreme People's Court issued explanation of some problems identifying the compensation for mental damage of tort, which marks that China has established an excellent spiritual damage compensation system.On May 1^st, 2004, with the operation of traffic safety law of the People's Republic of China and its attached rules and regulations and the execution of the explanation of applicable law while Supreme People's Court hearing the case of compensation of personal injury to make China establish a spiritual damage compensation system.Traffic accident damage caused by motor vehicle should take a rule of no-fault...