A Research On Some Questions Of Compensation For Mental Damages

Compensation for mental damages is an important civil legal system, whichalong with the compensation for property damages constitutes the compensationsystem of civil damages. As the compensation system of mental damages startedlater in China, the law and the regulation are not that perfect, which to a certain extent,it played an important role in safeguarding human rights and guiding the judicialpractice, the problem and controversy of the compensation for mental damagesgradually exposed in the wake of the practice. The compensation for mentaldamages itself comes as an complex system which still needs to be renewed andimproved due to the new concrete practice. This paper performs the superficialanalytic study on some disputes of the compensation for mental damages, startingfrom the basic theory of the Civil Law and complying with the present law andregulation of China, so as to boost the cognitive level at and promote the socialresearch on the compensation for mental damage.The paper has three parts: introduction, text and conclusion. The text consists offour chapters.Introduction is to introduce the history and background of system of mentaldamage compensation, with reference to China’s existing regulations, so as toelaborate the purpose of this paper writing.Chapter One is the conspectus of the compensation for mental damages, listingthe systematical problem of mental damage compensation. Firstly, on the basis of the concept, it defines the basic concepts of "damage" and "mental damage".Secondly, it shows the development of mental damage compensation system. Thirdly,starting from the reasons against the theory of compensation for mental damage, itdescribes the theoretical basis for compensation for mental damage. In the end ofthis chapter, the author attempt to focus on the value of mental damage compensationsystem.Chapter Two discusses the subject of mental damage compensation system. Itfocuses on the following questions: the elements required for mental damagecompensation; whether the painless people is fit to require compensation for mentaldamage; the fetus? and the legal person or the victims in criminal cases? In thispaper, the author is for the point which the victims in criminal cases is available torequest mental damage compensation as well as the painless people, and is against theview which the compensation of mental damage for the fetus and the legal person aredenied.Chapter three is about the scope of mental damage compensation. The right toclaim the mental damages shall be restricted to the right carrying the mental interest,therefore, the compensation for metal damages relating to the human right as well asthe identity are established. The questions on which the mental distress due to thebreach of contract or the property damage may request compensation for mentaldamage, is to discuss in this chapter involving the object of the compensation formental damages.Chapter Four will focus on the method of compensation for mental damage andthe calculation of mental damage compensation. Firstly, starting from the basictheory of civil law, it investigates the restriction and application of the damagesrestitution and monetary compensation in the compensation for mental damage;Secondly, it is to analyse the principles and the basis for calculating compensation formental damage; Finally, it is to consider the specific calculation foundation of thecompensation for mental damages.The Conclusion is the Summary and Conclusion of the viewpoints involving.