Application And Limits Of Mental Damage Compensation

On April,2010, the latest State Compensation Law issued in the14th conferences in the11th National People’s Congress Standing Committee marked the greatest significance in explicitly regulating that Mental Damage Compensation was covered in state compensation.Burgerliches Gesetzbuch with a hundred years’of history had already established mental damage compensation system and exerted profound influence over mental damage compensation that covered under the state civil law. Germany Revised Draft Law of Secondary Damage Compensation Law put forward during the13th legislative assemblies of German underwent a groundbreaking adjustment. Legislation related to mental damage compensation law still left to be improved in new State Compensation Law issued on April,2010. As the centenary crystallization of Damage Compensation Law and Tort Law, the New Damage Compensation Law of Germany is of great importance to the application of Mental Damage Compensation in China.In the essay, a comparison is made between relevant regulations of Chinese Mental Damage Compensation and these of Germany Non Property Damage Compensation. Analyses are made on the latest domestic reforms and developments on mental damage compensation after penetrating into legislative development and cautious damage compensation history of China. Then, it is indicated in the essay that there still exists huge flaws and defects for China to establish mental damage compensation system. Next, detailed defects and weak points are analyzed and the necessity for settlement is expressed. Then it is stated in the essay that according to the history of German Non Property Damage Compensation and the latest reform motivation, Second Amendment to New Germany Damage Compensation Law works out the problems resulted from changes of damage compensation that accompany with social economic development. Germany sets a good example for China which has a relatively shallow mental damage compensation legislative system. By comparison, it is easier to dig out the weak points in mental damage compensation system of State Compensation Law. At last, procedures are conducted for ameliorating the system of State Mental Damage Compensation Law in determination criteria, extent of compensation, compensation amount, case guidance, social relief and so forth by revealing issues concerned about mental damage compensation according to China’s practical situations. It is expected that the essay can contributes to the research and perfection of China’s subsequent mental compensation system to some extent.