Some Thinking About The Infringement Property Rights System Of Compensation For Mental Injury

This thesis takes “compensation system for mental damage of infringement ofproperty rights” as the main object of study, the conflict between Tort Liability Law andthe Interpretation as an entry point, and Article22of Tort Liability Law as the centre.Article22of Tort Liability Law is the first to clearly define the compensation system formoral damage. But it excludes infringement of property rights from the sphere ofapplication of mental damage compensation, which arouses a number of controversies.Some scholars believe that Article22of Tort Liability Law negates the foregoing Article4of the Judicial Interpretation, which is a legislative retrogression; some others think thatthere is no conflict, and that Article4of the Interpretation is still applicable. On thedisputes this research divided into four parts. The first part reviews about violations of theproperty right of the mental damage compensation system’s change, respectively from thecomparison method and our country law two Angles, as well as of the experiences offoreign countries for reference. The second part of the paper analysis to set up theinstitution of compensation for mental injury of the property rights infringement is rational,from scholars’ dispute, judicial practice and property rights infringement the rationality ofthe mental damage compensation three aspects. The third part, mainly from recognitionfor the mental damage compensation of property rights infringement and responsibility ofthe constitutive requirements two angles, a deep exploration to the issue, and it is also thecore part of this paper. Finally, the fourth part mainly from the point of view of the lawmaking of this system, perfect the law.To establish the institution of compensation for mental injury in violation of propertyrights is a gradual process in our country, the study found that the system has theincomparable advantages, the meaning of the extraordinary. This paper analyzes theconflict between Tort Liability Law and the Interpretation of property rights infringementcompensation for mental injury, problems is affirmation at the same time, and found thatthe Interpretation’s deficiency, the article4of the Interpretation will limit the scope of themental damage compensation of property rights, in a symbolic significance of theparticular personality item, which represent only a small part of specific items of the type of things, and the property rights infringement of the mental damage compensation for therange is greatly narrowed, is against to make up for the parties of the loss of the spirit, isagainst the demand of social development on human rights, therefore, this article willextend property rights infringement of the mental damage compensation scope to havepersonality interests of property, stereotype, specific include the following four types:(1)the property of personality of symbolic significance;(2) the property of human emotion;(3) the property from our body;(4) the property from our wisdom. It not only won’t causeabuse of the institution of compensation for mental injury of property rights infringement,and more helpful to protect the victim’s spiritual interests, can quell the victim’straumatic heart, more in line with the requirements of the development of human rightssociety, conform to the trend of the international trend.Finally, this paper is applicable to the institution of compensation for mental injury ofproperty rights infringement on the law, respectively from the angle of legislation andjudicial, and perfect of the system, be helpful for keeping our spiritual damagecompensation system, complete and unified coherent. By the above analysis, we canconclude that, the superiority of this system, in the history of our country’s legal systemfor the system is also imperative.