Introduce The Punitive Mental Injury Compensation Research

The mental damage compensation system of China has three functions,compensation function and comfort function as the main functions,punitive function as the auxiliary function.It is up to the theory that public law and private law should be separated and the case that mental damage can not be measured by money.But with the development of the society,this theory has can not met the demand that the illegal behavior should be contained.therefore,the punitive damages system should be considered to solve the problems.Punitive damages has three functions,punitive function and containment function as the main functions,compensation function as the auxiliary function.It can not only punish the infringers whose subjective mentality and behavior are disgusting,buy also contain the illegal behaviors.Besides,it can give the infringed enough compensation.In the field of legislation,the91provision of 《Chinese civil code·the draft and suggestion of the tort law)) what drafted directed by Lianghuixing described that.The infringers who infringe on others about lives,bodies,health,personal freedom or properties which are full of emotional significance,will pay compensation and punitive compensation which is no more than three times as much as compensation.It shows that punitive damages can apply to mental damages.In case that punitive damages apply to mental damages,it is no need that the aspect of the subjective of infringers is intent.Gross negligence will be work too. At the aspect of the objective,it needs the behavior of the infringers beyond the tolerance of the society,the existence of the damage and causal relationship.In case that punitive damages apply to mental damages,it is no need that the punitive compensation is several times as much as the compensation.You only need to consider the punitive function and the containment function which is derived from punitive function priority.Therefore,if you want to research the punitive compensation,you must research the mental damage compensation first.There has no uniform standard for the calculation of the mental damage compensation in China.In many areas of China,the higher people’s court has formulated the standard of their own.So the environment is very confusion.If you want to formulate the uniform standard in China,you must follow the following four principles:discretionary,objective,be treated differently and appropriate restriction.Considered the principle of objective,the mental damage can be divided into four categories.Every category can be divided into four grades according to the situation. On this basis,the sensible limit amplitude can be formulated in every grade according to analysis on many cases. At last,the judges will make the judgment after the analysis on essential factors and discretion factors.