A Study Of Mental Compensation For Damages

Moral damage compensation jurisprudence is very important in china’s tort low.The system protection of the interests of citizenship has an important role. But, forwhat kind of damage can request compensation for moral damage, China’s legal andjudicial interpretation has not clearly defined. In view of this problem in moraldamage compensation system in the importance of this request for damage will be thedamage, and I hope to promote the development of moral damage compensationsystem.In addition to Introduction and conclusion in this paper consists of four chapters:The second chapter, determine moral damage compensation very difficult andthere are a lot of reasons. The chapter from the Chinese judicial practice of spiritualdamage compensation system in the development and current situation to spread outdiscuss, analysis of China’s judicial practice in the mental damage compensationconcrete is difficult for three reasons, and points out that "it is difficult to determinethe mental damage" could cause serious consequences.The third chapter, determine the institution of compensation for mental injurydamage and compensation method of jurisprudence. The author thinks that the moraldamage compensation concrete must use legal interpretation method, legal loopholesupplementary method, value added and interests balance method.The fourth chapter, consider the connotation and classification of mental damage.By the author of " moral damage " to define, for mental damage of the nature andfunction of narrative, put forward four kinds of classification, and the four kinds ofclassification in the judicial practice thinking.The fifth chapter, the moral damage compensation amount determination.According to the comparison of foreign and Chinese on the compensation for spiritualdamage determination method, and then the author thinks that the compensation forspiritual damage in determining the standard should contain three must considerfactors and two shall exclude factors, finally, for different kinds of mental damage,the use of different mental damage compensation method, the discretion of method todetermine the spirit damages of a specific amount of observations.