The Spirit Of The Right Typed Analysis

The institution of compensation for spiritual damage has got the identification by legislation, as well the spiritual damage becomes one of the damage in law, there are some special interests protecting by law hidden behind the spiritual damage, and the special interest as a spiritual interest in law will develop into a moral right in the future. In the process from spiritual interest to moral right, an important technological step is classification, after this step, those types of the various moral rights can form a preliminary systematic moral rights group, and when the court face a compensation requirement for a new type spiritual damage, they can decide whether it has the corresponding moral right foundation which may impact on judgment according to that, it may overcome the compensation’s limitation for spiritual damage at present.The subject of mortal rights is defined as legal personality, the object of mortal rights is defined as spirit itself which is one of the internal objects in person, and according to the different contents in spirit, we can divided the mortal rights into three types, The mortal rights about people, The mortal rights about things and The purely mortal rights, The mortal rights about people can be further divided into The mortal rights about self, The mortal rights about others and The mortal rights about acts, and The mortal rights about things can be further divided into The mortal rights about intellectual achievement and The mortal rights about specific good, but The purely mortal rights has two different meanings, The purely mortal rights as basic and The purely moral rights as miscellaneous, based on this frame, we can put some of rights relating to spirit in today’s civil rights group under beneath it after some steps of logic transformation, then the pooled mortal rights group which is systematic will be formed.Emerging rights are emerging, spiritual damage range is extending, we can see the trend clearly from Material rights to mortal rights in the near future, at this time, analyzed thinking on the classification of mortal rights which can be as the right foundation for spiritual damage, trying to abstract different types from moral rights, and finding the possible paths from today’s civil rights group to the corresponding types of moral rights, will play a certain instructive role in the construction of mortal rights system which will be appearing as a real subject of law in the future.