Mental Damages Scope

In recent years, the problem of mental injury compensation has become a hot point as well as a difficult problem not only within the theoretical field of law science, but also within judicial actual situation, and how to construct a perfect system of mental injury compensation also has become one of the important subjects to establish the civil code of our country. Of the above, mental injury compensation is the core problem of this system. The writer of the thesis represents his opinion about the applicable scope of mental injury compensation by analyzing and defining the relevant concepts of it.The purpose of writing the thesis is to define the applicable scope of mental injury compensation in our country, including the object or subject scope and the application problem within criminal and administrative scope, on the basis of clarifying the scientific meaning of mental injury compensation. For the purpose, the writer discusses the problem fully of mental injury compensation's applicable scope on the same basis by using comparison and the method of combining theory and practice.The mental damage compensation of material from scratch, Reflect the law of human concern from the material world to the spiritual world expansion. At the same time, the modern society on the personal interests of infringing the opportunity to also increase greatly, make compensation for mental damage should be further expanded. In the spirit of damages the object scope, infringement of citizens'right of personality, right of status, can be applied to mental damage compensation; On a particular matter, breach of contract and tort of supplementary civil action in criminal proceedings in tort, state organs of the administrative tort, under certain conditions, can also apply the compensation for mental damage. In may bring the compensation for mental damage, the corporation can not become the spiritual damage compensation in China; fetus, dead can become the compensation for mental injury. In addition, in the field of criminal incidental civil lawsuit, the plaintiff has the right to propose the spirit damage compensate lawsuit. But at present in our country the spirit damage compensate legislation has lagged far behind the reality needs. For this, should actively comply with worldwide to strengthen the protection of human rights of the trend of the times, using the opportunity of making the civil code, in combination with other relevant legal formulation, revision, the establishment of China's complete spirit damage compensate legal system, in order to protect the civil law to pursue the maintenance of the value and dignity of the target to achieve the concept of society and human, making the material the spiritual world, to achieve the harmonious unity.