A Study Of Amount Determination In Mental Damage Compensation

Moral damage compensation jurisprudence is an important part of modern civil lawdamage compensation system. But it remains unsound in our country and there are manydeficiencies，especially for the final carrying out of it. A unified, objective, and scientificmethod has not yet been formed. The present thesis focuses on the connotation of moraldamage compensation, analyzes its functions and defines the scope of it. By means ofintroducing and comparing the calculation methods of compensation for spiritual damage inforeign countries, the author tries to make some tentative research for the standards of moraldamage compensation jurisprudence in our country to promote the rationalization andharmonization of the standard amount of compensation and to promote the development ofmoral damage compensation system. The frame of article is as follows:The first chapter is the introduction of the background, the purpose and significance of thepresent thesis. By means of literature review and defining a clear research method, the authorpresents the rationalization of the present thesis.The second chapter is the definition of moral damage compensation. Beginning with thedescription of the connotation of moral damage, the author defines the notion as well as thescope of moral damage compensation. And the foundation for compensation for moraldamage compensation is determined by analyzing the four functions of mental damages.The third chapter focuses on the determining of mental injury status and the amount ofcompensation legislation defects in our country. The author describes the present state ofmoral damage compensation system form laws, regulations and the guidance of district court,and analyzes its shortcomings in legislation and practice.Chapter four discusses issues related to the amount of mental damage compensation. Itfocuses on the necessity and feasibility of standard amount of moral damages compensationand factors that affect it are discussed according to necessary elements and reference factorsrespectively.The fifth chapter deals with the criteria for moral damage compensation amount. Firstly,the author describes time and site of it. Then a blueprint of a standard mental damagecompensation is raised and different methods are proposed according to different types of damage after comparing and analyzing standards related to this field in foreign countries.