Vegetable Of Spiritual Damage Compensation System Research

Natural person from others in tort unfortunate become a vegetable, completely lost the ability to perceive freedom of action ability and language understanding and the expression ability. It does not exist spiritual damage, their spiritual damage what should not should pay for, these problems to become legal academic debate.In our vegetable this kind of vulnerable groups of increasing of their rights for good protection is becoming increasingly important. This paper studies the main research object of the spiritual damage compensation is a vegetable, the main purpose of the study is through to a vegetable spiritual damage compensation at home and abroad as well as the feasibility analysis of the analysis that the establishment of China’s vegetable spiritual damage compensation system has is inevitable topic, establish and gradually improve the vegetable spiritual damage compensation system, to protect the interests of our country is the spirit of vegetable realize legal justice needs, is the requirement of building a harmonious society.The main research method has both comparison method, by comparing common law, civil law and domestic law in China to vegetable spiritual damage compensation the similarities and differences, in this aspect out our weak link, to improve our vegetable spiritual damage compensation system provide a good reference. Through the comparison with vegetable, ordinary people the dead and vegetable between the mental damage compensation, and find out the vegetable in the mental damage compensation of the special a better construction of the country’s vegetable of spiritual damage compensation system. And case study, to some representative case for analysis, that modern legal practice of vegetable spiritual damage compensation cases of the main attitude. At the same time, this article also used the lists method, through to the mental damage compensation for mental injury and application scope of the list, let us more clearly know which belongs to the mental damage, which can cause mental damage compensation happened again, in order to avoid the appearance of the lawsuit abuse case.This paper first chapter is mainly to the present situation of the vegetable mental damage compensation for an investigation. Through to the spiritual damage compensation is a brief overview of the present situation and the vegetable describe and finally vegetable spiritual damage compensation of the present situation of the introduction to the theory, we can come to our country law in a vegetative spiritual damage compensation system construction or a blank.In the second chapter basically content is to explore what vegetable mental damage compensation there does not exist. Through the comparison of the negative view now law and positive views of the view that sure is right, that view since is right, what is the basis for the correct. Sure point for our country to establish a vegetable spiritual damage compensation claim to give the reference and support.In this paper the main content is the third chapter of the death of a natural person for infringement of the mental damage compensation for infringement with a natural person vegetable compared the spiritual damage compensation. Mainly from both have close relatives of the mental damage compensation claim and the mental damage compensation function in both reflect upon a comparative.The fourth chapter of the main content is on ordinary people and vegetable of spiritual damage compensation is some more. Relative to the average person in the vegetable institution of compensation for mental injury in the special major should be in the spirit of the damage performance and how to carry out the claim.In this paper the main content of the fifth chapter is to perfect vegetable of spiritual damage compensation system. Perfect vegetable of the institution of compensation for mental injury from the establishment of the main vegetable guardianship system, agent system and spiritual damage compensation amount of determination for perfect.Vegetable is a special kind of vulnerable groups, they have virtually no sense, through to the vegetable and ordinary people and compared with the dead, we in a vegetative spiritual damage compensation should pay attention to perfect the construction of the following aspects of content: the first, establish a vegetable of guardianship system, and the protection of the intellectual rights brain-damaged into effect. Second, because a vegetable no consciousness ability, and our country’s current to the monitoring is blank brain-damaged condition, the establishment of a vegetable claims agent system is a remedy. Third, the vegetable mental damage compensation due to the amount of the victims in the long run, will determine the state of the vegetable will bring his family and relatives heavy pressure and financial pressure, consider the factors will be very different.The main innovation place is in the vegetable of spiritual damage compensation should set up the first vegetative guardianship system, and after all vegetable is a special type of groups, they have no consciousness ability but our country law but no will its position as without person of civil action competence, it sometimes makes a vegetable rights in the realization of the impending zone. Residents’ committees, community and its place unit of power and energy is limited, for vegetable care not only is social responsibility is the responsibility of the family. So into vegetable guardianship system, the vegetable into without person of civil action competence, vegetable rights will get timely protection.All in all, everyone is equal before the law, though no consciousness ability brain-damaged but still is the legal sense, still has the civil subject qualification, their spiritual damage is really the objective existence, deserve the aggressor’s spiritual damage compensation.