On Mental Damage Compensation For Tort To Death

On Mental Damage Compensation for Tort to DeathResearches on mental damages, along with the protection of personal rights in our civil law, while the tort system of compensation for moral damage caused human death have also developed from negative to recognize and evolved a lot. But the splicing protection system of various legal norms and relevant provisions scattered among of is a certain integrity, and that therefore leads to a judgment on this type of case practice very difficult.In addition to the introduction and conclusion, the paper is divided into three mam parts.The first part is based on a theoretical discussion of spirit infringement causing death damages. Mental damages liability applied to all countries are generally applicable principle of fault liability but occasionally of the principle of non-fault liability. Regarding to the dominant position in such cases, the primary research is the the deceased’s own claim for damages. Contrast to deny and make sure the above opinion, the paper argues that the recognition of their inheritance is of a certain degree of rationality. As a result, against which the consequences due to the same infringement, it may produce three sense the spirit of the damages claim, which seems unfair treatment against people.The second part is about compensation for moral damage of the infringement death. Death compensation is different from compensation for moral damage in the different legal practice and calculation methods. The moral damage compensation is not a property to calculate, so the payment has been infringed by the infringer for a certain amount of compensation degree, in order to play its compensatory function. This is in the process of calculation of compensation for moral damage, the issues of infringement and infringement of the rights and interests of an equitable solution. The third part is the analysis of the status system of our country. Research found the calculation is not clear. This paper is to certain the solution to the question above, by recognizing the existence of damages to pure spirit, which should be the trend of the general strengthening of moral rights protection to fill the legal gaps, and increasing the protection of the rights of the heirs of the infringement, and to prevent abuse of the demands of the litigation in large numbers. Besides, The methods of calculating compensation, integration and optimization are involved, to improve the design of the system, increase the amount of compensation for moral damage in the overall death compensation. Finally, we should recognize the claiming right for spirit damage compensation.The innovation in this article may be to explore the compensation claim right of infringement causing death in three scopes, and basing on the request of the victim’s right, discuss the heirs of the claim. Current infringement death moral damage compensation system has also been analyzed, to increase protection of compensation for moral damage.