Range Of Compensation For Moral Damage

Moral damage is a damaged system, which is corresponding with property damage. Based on the reference and introduction of foreign moral damage compensation system, the domestic compensation system of mental damage established and developed. At the present the moral damage has gained more and more attention in terms of the world. How to correctly define moral damage, and which cases should belong to the compensation of moral damage in judicial practice? There is no complete research in domestic at present, which to some extent, brought great inconvenience to the operation of the judicial practice. In connection with the range of compensation for moral damage, the article has studied deeply. Firstly, in a conception perspective, to define moral damage, compared with all manner of definition of the moral damage in the world, analyzed the difference between the broad moral damage and the narrow moral damage in definition. Base on this, the author raise the view:so as to further expand the range of compensation for moral damage, we should adopt on the theory of broad moral damage compensation in the future practice of civil legislation. Secondly, from a historical perspective, reviewed of the legislative history of moral damage, further analyzed the current situation of the legislation of compensation for moral damage in terms of reality in our country, found out the lack in the compensation of moral damage from a system perspective, and then raise some views in the perspective of juridical practice:we stand for a broad definition of moral damage compensation; and further expand the range of subject of moral damage compensation, which should include legal person, fetus, special third and so on; on the object of moral damage compensation, the author propose to make spouse’s rights, virginity right and so into right, fix and bring into the range of object of moral damage compensation. And the author suggest that we should approve the right of compensation for moral damage in legally when parties suffer moral damage from the other broke promise in special contracts. However, to completely solve these problems, it needs a long process. We should carry out in tow aspects both theory and practice.