On The Components Of The Theory Of Liability Of Compensation For Mental Damage

Mental damage compensation is a hot issue of social concern. It is safeguardingthe rights and interests of citizens, legal persons and other organizations, mental reliefmeans,and played an important role in reality. System of mental damagecompensation legislation relatively late in our country, the law is not comprehensive.In the judicial practice encounter many problems to be solved. This article embarksfrom the "tort liability law" article22, the author analyzes the constitutiverequirements of compensation for mental damage.This article first from the founding of new China during the initial stage to thepromulgation of "tort liability law, Mental damage compensation system in ourcountry the development of a brief analysis and description."Tort liability law" withthe modification and the "state compensation law" is a significant events in the fieldof mental damage compensation in our country, the two laws are clearly confirmedthat the victim’s spiritual damage compensation claims, marks the legal remedy formental damage reached a new height, also illustrates the new era of law to theguarantee of citizen’s personality interests is becoming more and more attention. Andthen this article from our country spirit damage compensation system and the judicialpractice of the two Angle, analyzes the components of the compensation for mentaldamage in turn. In violation of the spirit damage compensation object "others" to beseen, general natural person in our country and is in a vegetative state can claimcompensation for mental damage, and suffering from shock due to violations of thegeneral natural person or vegetative state of their relatives also reserves the right torequest compensation for mental damage. And legal persons and other organizationsbecause does not have a natural person’s ability to feel pain, so its applicable legalnegation spirit damage compensation system in China. We hope that through thecontinuous development of spiritual damage compensation system is perfect, cangradually broaden the law for mental damage the protection range of the object. Then,in this paper, the mental injury of the infringement object "personal rights" from the angles of system rules and legal practice are analyzed in detail. Through the analysiswe know that the life, body, health, the natural survival’s core interests, if sufferedmental injury, is first obtained the national law for sure, along with the developmentof The Times and gradually affirmed the name, portrait, reputation, privacy andpersonality interests of mental injury compensation claim. The personality interests ingeneral, such as the names of the dead, portrait, reputation, privacy, etc., damage tothese interests, Will directly affect the worked as a civil main body of the naturalperson’s dignity. Laws protect these interests, reflects the law to protect the integrityof the civil subject interest, but also to guide people to attach importance to thereputation of the individual life or after death, safeguard social public ethics and order.Again next, two ways of mental injury, the tort and default behavior are detailedanalyzed. Mental damage due to the infringement is the norm in the practice, and onlywhen the default behavior with the concurrence of tort occurred can claim forcompensation for mental injury. At present our country law doesn’t support a simplebreach shall have the right to request compensation for mental damage. Although thecurrent law is provided to maintain the logic and integrity of the legal system, but it isnot the justice of law. In modern advocate a people-oriented harmonious society, theprotection of people’s spiritual world and the inner world is conform to the trend ofthe development of The Times, So the law should be perfected on simple defaultbehavior for the protection of the mental damage compensation system, which is anessential requirement to achieve real people-oriented. Finally, this paper analyzes thecompensation for spiritual damage consequences that "serious mental damage",according to the analyses, cause slight mental damage, are not relief law. And generalmental damage is to stop the infringement, restore reputation, eliminate the effectssuch as relief, to apologize. And cause "serious mental damage" as long as, the lawwill support the victim’s spiritual damage compensation claims. For "severe mentalinjury" shall be from the infringer to judge subjective status and behavior way, meansand so on the specific situation of the case, mainly depend on the country’s strictlegislation, the quality of judges, conscience and morality, etc.From the constitutive requirements of compensation for mental damage, thispaper carries on the concrete analysis, the study of mental damage compensation issues, it remains to be further perfect and innovation. The legislation oncompensation for mental damage,"the general principles of the civil law" in1986tothe "tort liability law" enacted in2009, after20years of groping, finally clearlyaffirmed the serious mental damage caused by the violation of personal rights andinterests shall have the right to request compensation for mental damage, not tobelong to great achievements in our country civil legislation. Formal legal provisions,however, only a short sentence is difficult to make detailed clear rules for mentaldamage compensation, operational norms are still had to turn to the characteristics ofjudicial interpretation in China.