Moral Damage Compensation Scope Of The Problem

Moral damage compensation system is an important civil component. With thedegree of social civilization and the improvement of the concept of law stronger, thepeople are not just self-protection awareness is growing, but also increasing emphasison its own value and the dignity and security of the pursuit, the growing emphasis onthe spirit of safeguarding its own interests. Spirit of damages has become one hour oflegal issues, became the theoretical concern to the judiciary and a hot requests forcompensation for moral damage cases are increasing year by year. Although theexisting law has begun to pay attention to the spirit of damages, Mental damagesrelated regulations are becoming increasingly rich and perfect, but from an overallpoint of view, Our moral damage compensation system introduced in time is not verylong, The existing laws and regulations for mental damages the relevant provisions ofmany defects, and maneuverability is not strong, unable to meet legislative andjudicial practice needs. Along with the socio-economic development of the existinglegislation damages the spirit demonstrated a system of extreme adaptability, causedjudges to decide cases in which parallel tracks, many similar cases have awardeddifferent results, to the detriment of the dignity of the law, speed up the spirit of thelegislation for damages growing louder and louder. With Chinese characteristicsmoral damage compensation system, further implement the country's guidingideology, promoting spiritual civilization construction, effectively deter violations,more comprehensive protection of citizens and corporate personal property rights andother legitimate rights and interests, is undoubtedly of great significance. In this paper,based on the Civil Code's basic theory and the existing laws and regulations, with thespirit of the Supreme People's Court on damages judicial interpretation and judicialpractice in a number of related cases, damages from the spirit of the concept andcomposition of the elements, block explore spiritual damages to the main application,mental damages applicable to the rights and areas outside the spirit of civil damagescover also damages the spirit of the application of the supplement and perfect, their views, in the next amendment to the Civil Code or Civil Code, should be expandedmental damages to cover the dead, the fetus, legal and so on the subject, should applythe spirit of damages to the relevant provisions.