Compensation For Moral Damage To The Scope Of Research

In structure, this article includes four parts besides preface and concluding remarks.The first part is the summarization of the compensation for spiritual damage. We emphasize the concept and character of the spiritual damage, the concept and function of the compensation for spiritual damage, elaborate the historical develop process of institution of the compensation for spiritual damage. The spiritual damage means that the infringe person's infringement behavior results in the spirit pain and sufferings for civil subject or causes its spirit benefits losing or decreasing. The end manifestation of the spiritual damage is the spirit pain and the losing or decreasing of the spirit benefits of the civil subject It is no-property, independent, subjective and objective. The institutional function of the compensation for spiritual damage mainly lies in adjusting, appeasing the victim, and reprimanding the trespasser at the same time. The system of the compensation for spiritual damage has three phases that are the sprout in ancient, the neoteric preparatory shaping and the development and perfection in modern.In the second part, we discuss the subject scope of the compensation for spiritual damage. The subject of the compensation for spiritual damage includes the right subject and duty subject. The right subject should include the natural person and the artificial person in law. The losing and decreasing of corporation's spiritual benefit indicates that there is the spiritual damage for the corporation. In criminal case, the victim's damage is much more than the victim in civil case. We think that the victim in criminal case should be endowed more claim right than in civil case. No-feeling natural person and embryo also has the same request right of the compensation for spiritual damage. But it should be that their guardians exert the request right. The duty subject of the compensation for spiritual damage includes the subject of state if state impairs the right of citizen. It is the inevitable request of the modern rule of law, the demand of full guarantee human rights; and it is the request of the trend of the international lawmaking development, it is advantageous to perfect the national compensation system.In the third part, we discuss the object scope of the compensation for spiritual damage.