Research On Compensation Of Mental Damages Caused By Infringement Of Particular Commemorative Ietms

On March10th,2001, the Supreme People’s Court promulgated "Interpretation of the Liability on Mental Damages". The breakthrough of this judicial interpretation is the protection of personality interests of particular commemorative items. In principle, compensation for mental damage is no longer applicable to property damage. However, there is one condition that may request compensation for mental damage. When an item or property is a special commemorative item, it contains personality interest factors, and then the infringement of this item of property may cause mental damage, which can be protected by requesting of compensation of mental damage. The Article IV of this judicial interpretation stipulated that "If specific commemorative items, with the symbolic significance of personality, got destruction or permanent loss due to tort behavior and the owner request compensation for mental damages to the grounds of infringement, the people’s court shall be admissible." This provision expanded the range of liability for mental damages by extending civil liability regime on protecting civil rights such as personality right and personal interests to protection of property damage, which has significant meanings on the field of justice.Anyway, although we have confirmed all of the above, one thing we should recognize is that the compensation for mental damages on property damage is confined to "specific commemorative items, with the symbolic significance of personality" in the Article IV of this judicial interpretation. Its range is too narrow to express the victims’misery. In order to enhance the protection of the legitimate rights and interests of the civil subject, improve the system of compensation for mental damage, it is necessary to expand the range of compensation for mental damage cause of infringement of "particular commemorative items". This article combined the legislative provisions and the research status both domestic and the foreign parties, and proceed from the analysis of type of property rights, in order to demonstrate that when mental damage generated by infringement of particular commemorative items, the victims can also submit compensation of mental damage.