Study On The Compensation For Mental Distress Caused By Specific Property Rights Infringement

Article 22 of The Tort Law of the People's Republic of China established spiritual damages compensation system in civil law. Its scope is limited to personal rights are being infringed occasion,thus excluding property rights infringement for mental injury liability caused by the possible.This article attempts to traverse the existing solutions in the decision on the basis of the program.Then redefine the meaning of the "thing" in civil law to explore the relationship between a particular property rights infringement and the spirit distress.Following the writing ideas above, this thesis will be divided into four parts.In partⅠof this article, The related basic concepts are introduced and defined the initial.Referred to herein known as "moral damage",said the only disadvantage of objective truth and that the natural state of spiritual perfection of the interests of the destruction.By "specific property" claims,obligatory right will be excluded from the general definition of its scope.Thus,the so-called "specific property" refers to the infringer by the infringement of the harm caused as the object of real acts of "material" physical entity in possession of property damage or loss.PartⅡexamines the issue for existing solutions, and conducted a brief analysis.In comparative law there are three solutions:property rights infringement will be decidedly out of the spirit of the application scope of damage compensation system, the negative position of certainty with which the opposite position and the compromise of the position of conditional recognition.For this problem,here are also controversial viewpoints in China's legislative,judicial and academic circles.Negative selection neglects the reality of moral damages caused by property rights Infringement,so it is clearly unreasonable and not desirable.Positive selection is theoretically affirmed.But there are many difficulties in the practical operation, so it should not be taken. Thus, a more appropriate and prudent choice is a compromise selection that only particular property rights infringement may initiate a moral damage compensation.PartⅢredefines "thing" meaningthe in civil law, in theory, justify the reasonability that Victims may claim the Compensation for Mental Distress when his particular property rights was infringed.According to traditional civil law theory,things's basic meaning is about the economic value to meet people's material needs,so when the property rights holder by the infringement claim is only a "restitution" or "equivalent compensation." Actually,the economic value can not serve as the full benefit of representation on the things, some things at the same time also implies a spirit of personal values and mental interests, or even the specialized interests of the load carrier of a particular personality. In such a "Property for Personhood" as the object of property rights infringement, the property damage to the main or even only one performance of mental damage, rights holders should be compensated. And as a means of achieving property,the Object of other property rights can only be "economic property ".which only "the interests of a personality thing" by the damage, the owner may claim compensation for moral damage.Part IV tries to discuss liability identification on the Compensation for Mental Distress Caused by Specific Property Rights Infringement.lt is the most important that judging things as the object of real right is whether a "Property for Personhood ".These Property have the following features:Its basic significance is the value and spirit of the interests of the personality implied by the public recognized.The objects associated with a particular personality.And they are is unique,and performance with its irreversible nature of damage or loss.There are two sorts of "Personal Property ".Specifically they are the "personal property"and the "emotional sustenance things".The former is a natural person can embody a particular talent, character, image, style and even the spirit of the charm of the characteristics of the goods, for example, some image data, corpses, human remains and ashes, out of the body's organs and tissues, tokens of love monuments, diplomas and so on. The latter is more special, a pet is the typical representative.