China's "tort Liability Law" Article 22 Studies

In a long historical period, compensation for moral damage has not been acceptable to the community. The victim suffering mental damage has no access to legal remedies. In China, although there are some rules of compensation for mental damage, prior to the enactment of the Law of Tort, no law has been expressly required in our country.This paper is about the22nd of Tort Law, which provides compensation for moral damage to protect individual rights from infringing severe mental impairment by others. The whole paper is divided in four chapters, focusing on Tort Law in the legislative process of drafting, analyzing different viewpoints in the world. At the same time, in judicial practice, because of the restriction of the22nd, different judges have different understanding. On the basis of the first three chapters from the following, the emphasis is acquiring the way to perfect our country’s regulation system. In this paper, we chase the footprint of the spirit of Tort Law, and look forward to the22nd generation through the study of Chinese Tort Liability Act, contribute to the establishment of legal remedy based on the actual situation in China.This article altogether divides into four chapters:The first chapter elaborates the background which the22nd clause issue from and two basic concepts in this clause. It mainly discuss the necessity and inevitability of the spiritual meaning of putting moral damage compensation into legal rule clearly.The second chapter focuses on the analysis of the22nd clause. It pay close attention to four aspects:application scope, subject of right, the extent of the damage and causation. Meanwhile, the author introduce disputed points existing in legislation and the final selection and consideration.The third chapter analyzes different judicial practices in different periods, not only the influential case, but also directive significance of the22nd clause.On the basis of previous three chapters, chapter four makes the suggestions on the legislation, judicial criteria and the basic principles of the judicial.