Analysis Of The Scope Of Compensation For Moral Damage And Related Issues

The study and establishment of spiritual compensation damage system was gradually stressed only in one hundred years. In China, it's only in short years to study spiritual compensation for damage. After the exception of the General Principles of civil Law, because of the attention of most people and the gradually stronger legal mind, the spiritual compensation for damage has become a more and more well-known legal concept.The spiritual damage refers to damage to person's spiritual activity, which is pronoun of pains on psychology and damage of moral benefits. The spiritual compensation for damage refers to a legal institution that a civil subject has spiritual pains damage of moral benefits due to the infringement of personal rights and has right to require certain property compensation. The compensation is paid when the spiritual damage could not be restored or be difficult to restore, its nature is property duty. The function of spiritual compensation is of variety, which includes three: compensation, comfort, and punishment.From the judicial explanation of spiritual compensation for damage made by the Supreme people's Court in 2001, the spiritual compensation for damage becomes gradually perfect in china. There are still defects, however, For example, the attitude to the spiritual compensation is different in civil law and in criminal law; there is no stipulation for protection to the pre-rights of personal; spiritual compensation for breach of contract is not stipulated. The author hopes to put forward his own legal advice about these issues, by combing the theoretical knowledge with the judicial practice.This paper has seven parts:The first part: preface.The second part: the anther makes a brief introduction to the relevant concept and the history of spiritual compensation for damage. Beginning with the concepts of spirit, the spirit damage, the spiritual compensation for damage, the author analyzes the character, the nature, the function and significance of spiritual compensation.