Compensation For Moral Damage To The Scope Of Research

The study and establishment of spiritual compensation damage system wasgradually stressed only in one hundred years.In China, it is only in thirty years tostudy spiritual compensation for damage. After the exception of the GeneralPrinciples of Civil Law, because of the attention of most people and the graduallystronger legalmind, the spiritual compensation for damage has become a moreand more well-known legal concept.The scope of compensation for mental distress is one of the core questionsof the rulecompensation for mental distress. If we can make certain the scope ofcompensation for mental distress, the question about the scope of compensationfor mental distress, the question which mental distress can get compensationwould be answered definitely. Through analyzing theoretically the questionabout the scope of compensation for mental distress, The author makes somesuggestions for the scope of compensation for mental distress. There are fivesections in this thesis to illuminate the question:The first part, conception of mental distress and compensation for mentaldistress. What is mental distress is analyzed firstly and then theconception ofcompensation for mental distress is explained as a citizen can ask some money topunish the man of doing delict and conciliate victim when he felt mental distressfor delict.The second part, comparison of actualities of scope of compensation formental distress in several foreign countries and in China. The scopes ofcompensation for mental distress of countries from continental genealogy of lawsuch as Germany, Switzerland, France, Japan and from Anglo-Americangenealogy of law such as Britain,,America are enumerated. Then actuality ofscope of compensation for mental distress in China. The law and juridicalexplanation regarding the scope of compensation for mental distress in China isenumerated and analyzed, through this we can find the scope of compensationfor mental distress in China.The third part, spiritual damage in the behavior of breaking contract (breach).The author begins with the analysis of different countries'law, illustratesthe necessity and feasibility to build up the legal system of compensation damagefor the spiritual damage in the behavior of breaking contract in China. Thespiritual damage caused by breach also should be relieved and compensated inthe contract law. Then the author expresses his imagination of building up thelegal system, that is, which contracts when being broken can apply tocompensation for the spiritual damage in the contract obligation, and the scope ofcompensation should be limited by the rule of predictability.The fourth part is about compensation for the spiritual damage in the civilprocedure attached to criminal procedure. The author first analyzes the law ofChina, then makes some suggestions that the compensation for the spiritualdamage should be involved in the civil procedure attached to criminal procedureand discusses the reasons.The fifth part is about compensation for the spiritual damage in the nationalcompensation. The author first analyzes the National Compensation Law, thendiscusses why the compensation for the spiritual damage should be involved inthe national compensation. At last the author makes some suggestions to perfectthe law.