The System Of Compensation For Mental Damage Analysis

Spiritual damage compensation system both in the theory and the judicial practice there are many disputes, it is a classic in the field of civil law. Based on the analysis of the compensation for spiritual damage meaning on the basis of compensation for mental damage, the specific elements of the special object, bear the spirit damage compensate question to carry on the discussion, summarizes the special case of the problem of compensation for spiritual damage, analysis the objective scope of mental damages, compensation for mental injury amount determining method, for our country compensation for spiritual damage put forward suggestions.Compensation for spiritual damage is a tort for infringement of civil rights to damage the interests of others spirit shall assume the financial liability. Spiritual damage compensation liability shall meet the following four conditions:the existence of illegal behavior, have the subjective fault, damage, damage and illegal behavior results in the causal relationship between. The results of damage, compensation for spiritual damage constitutive requirements from general tort liability is special. Spiritual damage is different from general mental interests, its possibility, particularity, causes of illegal and should receive compensation characteristic. Determine the mental damage should be based on the principle of seek truth from facts, evidence, great importance should be attached to limit discretion, should pay attention to fairness, to prevent the rigid standard case. Damage requires not only the spiritual interests and legal rights are infringed, indirect victims request compensation for mental damages only applies to the following two situations:one is not in accordance with the law case, because superintend adverse, leading to the accident; the two is the victim’s own health problems, their relatives only mental stimulation, there is no legal rights have been infringed, therefore cannot get the compensation for mental damage. Legal persons without mental interests, not to mention the spirit damage compensation. In the divorce proceedings, the injured party shall have the right to request compensation for spiritual damage, third cases also have subjective fault shall be liable for damages. Only with the spirit of enjoyment and hopes as the purpose of the contract, the victim to suffer pure mental interests, rights and interests get no relief, and did not exceed the expected benefits of the default cases, appropriate given the victim the spirit damage compensate request right is legitimate and reasonable. The penalty is a kind of criminal liability, compensation for spiritual damage is a kind of civil liability, the adjusting object, responsibility, responsibility, there are differences, are not banned, criminal incidental civil lawsuit, should give the victim the spirit damage compensate request right. Spiritual damage compensation object should not be limited to the natural person’s personality right, and should expand to the legal nature of various human rights. Mental injury and property damage, the damage degree is immeasurable, the amount of compensation is difficult to measure, determine the amount of mental damage should be considered when, in legal factors, are supplemented by two factors, each combination, complement each other, to be fair and reasonable, accord with the actual. At present, our country is not about spirit damage compensate system of uniform legislation, its provisions are found in every branch of law, relatively scattered; the scope of application is not perfect, the scope of subject, object, unknown narrow scope of legislative mode stiffness, the default compensation for spiritual damage and the criminal supplementary civil action does not support the compensation for spiritual damages; compensation for spiritual damage identification the amount of standard requires subjective judgement, need to rely on the judge’s discretion. In view of these deficiencies, the author suggested throughout the region to develop public, guiding spirit damage compensation interval standards, improve the discretion of body level, perfect the spirit damage compensate system.