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Compensation For Moral Damage To The Scope Of Research

Posted on:2007-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y X YuanFull Text:PDF
GTID:2206360185971763Subject:Law
Abstract/Summary:PDF Full Text Request
The system of compensation for spiritual damages is an important remedy to damages of personal rights in modern society since this system was established in the General Principles of Civil Law (GPCL) , it developed rapidly in both civil theory and trial and played an important role in practice. However , owing to its short history in China, problems such as who has the right to bring a suit to the people's court and which infringed rights can demand compensation for spiritual damages are not explicitly solved. The above questions can be clearly answered on condition that the applicable scope of compensation for spiritual damages is defined. By means of comparative this dissertation, based on the basic theory of this system, analyzed the current state and the problems of the applicable scope of this system and put forward several suggestions and ideas in anticipation of benefiting the perfection of this system. This dissertation falls into three parts.Part 1 discussed the essential theory on this system, mainly including: the concept and nature of spiritual damages, the concept and functions of compensation for spiritual damages as well as the evolution of this system.This dissertation embarks on defining the concept of spiritual damages, pointing out the concept of compensation for spiritual damages: it is a civil legal system that provides remedies in the form of money to the victim whose right was illegally infringed upon by the wrongdoer and who suffered spiritual agony resulting...
Keywords/Search Tags:spiritual damages, compensation for spiritual damages, scope of application, perfection
PDF Full Text Request
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