Font Size: a A A

Non-property Damage Compensation

Posted on:2013-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ChaiFull Text:PDF
GTID:2246330374474305Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The object of this research paper is the system of non-property damagecompensation, and the goal of this paper is how to improve our non-property damagescompensation system.With the development of our society, people’s legal awareness has been increasedover these years. More and more countries are paying attention to the system ofnon-property damage compensation. China started the non-property damages systemquite late both in theory and practice. Before the publishment of General Principles OfThe Civil Law Of The People’s Republic Of China, the theory and practice of our civillaw denied the sysrem of non-property damage compensation. While we have madesome great breakthroughs in laws and practice now, but our non-property damagescompensation system still has shortages. Such as the scope of our non-propertydamages compensation need to be extended, which be reflected on subject area andobject are too narrow. Therefore, it’s necessary to borrow foreign advaned examplesof legislation, case, and theory to perfect our non-property damages compensationsystem.There are six chapters in this article:Chapter1: The disscion about the meaning and significance of non-propertydamages compensation. The author explained what the damage means, distinguishednon-property damages from property damages, and compareed non-property damage compensation to mental distress compensation.Chapter2: The analysis of our country’s present non-property damagescompensation system. The author introdued our current provisions of the non-propertydamage compensation, including the basic civil law, the relevant provisions ofnon-property damage compensation in specific laws and regulations and so on. Thenthe author sum up the problems in our current provisions of the non-property damagecompensation.Chapter3: The analysis of non-property damages compensation system. The firstaspect is the subject scope of China’s present non-property damages compensationsystem. The author carried on the analysis about the non-feeling ability person, thelegal person, the dead and embryo’s. The second aspect is the object scope of China’spresent non-property damages compensation system. The author introduced the thechoice of legislative models, the protection of general personality rights, the system inwhich the infringement of the rights of citizens is viewed as damage, and the systemof non-property damage of third person. The third aspect is the analysis of criminaland attached civil non-property damage compensation. Acoording to the article4ofTort Liability Law of the People’s Republic of China, the author’s opinion is we needto establishing moral damage reparation in civil suit collateral to criminal proceedingsChapter4:The analysis of the way of non-property damages compensation,including property’s compensation and non-property’s compensation.
Keywords/Search Tags:non-property damage, mental distress, subject, object, civil suit collateral to criminal proceedings, damage compensation
PDF Full Text Request
Related items