Pain And Suffering Damages. Tort

Law of compensation for emotional damages was just made recent years. The announcement of the law completed the human rights system of China, and also was the milestone of the progress of the legal system of China. But the laws, rules and interpretations are not specific enough regarding the relevant problems in the area, such as the scope, objection of the compensation for emotional damages, and the method to calculate the amount of compensation for the damages. And also they have lots of faults and are not practical enough for the judges to use. It is necessary to perfect them.Contract to the early stage of our tort law, the system of compensation for emotional damages in American tort law has been developed for nearly half a century. There are a lot of cases and dissertations researching and analyzing the emotional damages.The dissertation intends to provide suggestions and clues for the perfection of the system of compensation for emotional damages in China, by introducing the conception of"pain and suffering", its history and the latest development, and the method to assess the"pain and suffering"in American tort law.At first, the dissertation will introduce the problems existing in the system of compensation for emotional damages in the American tort law. It also will bring forward the legal problem that the dissertation is focusing on, that is, how to calculate the pain and suffering.Second, the dissertation will analyze and introduce the history of this area and various ideas of scholars in different period.Then, the dissertation will analyze and introduce the methods for calculating the pain and suffering in American tort law, which are"per diem method"and Botta rule.At the end of the dissertation, it will provide its suggestions for tort law of China, based on the research of the compensation for the uneconomic damages in American tort law.