| During the development process of history, Chinese nation has been hankering human culture value to be inclined to balance and harmonious, on the other hand long-standing Confucian Culture is base on pure and perfect personality sentiment. Such kind of orientation with combination of culture and morality affect the history development of Chinese history, its consequent result is conservative and irresponsive attitude coming into being, such attitude concerns considerably with maintaining inspirit benefit by Chinese legal system building and culture development, that's also one of the reason that missing of spirit injuring compensation from Chinese legal system and also caused limit development.Now due to society development and strong seeking for human rights, and there is demanding to introduce and build spirit injuring compensation system. At the same time, on the side of value and function of laws, attention shall be put on positive functions of this system on maintaining stabilization, strengthening judicature and reliably pushing native legal system construction, so setting up limit and clearing spirit injuring compensation system shall be considered by legislation.Due to own special characteristic of this system, there is limit collisions between law design ability and extensive meaning of personality and rights which is so-called Spirit; between extensive displaying manners of actual compensate facts and scope assigned by law system; between expected level of compensate mind and actual limitation of compensating value, etc.Though all countries gradually confirm existence of spirit benefit, development of relative system has been restrained due to different culture, country situation and uncertainty of inside content of Spirit, it should be set up gradually, unable to be using one same standard. About legislation attitude of spirit injuring compensation, it shall be scientific and rational; necessary... |
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