On Moral Damage Compensation For Personal Property

March10,2001, Supreme People’s Court announced the determination of tort liability fordamages the spirit of a number of issues of interpretation (hereinafter referred to as interpretation).The interpretation of Article4creatively put forward with a particular personality symbolicmementos concept. But what should be applicable in practice, such an interpretation, the judgehow to identify what things are symbolic with personality specific commemorative items, notspecified. Domestic and foreign scholars for specific compounds herein specific concept terms andscope extension guess: Some scholars call Personhood Property, character property, havingpersonal interests in property, contains the personal interests of the property, necessary personalproperty, in the comprehensive comparative analysis, based on the concept of personality matter toget the author ’s favor. than just academia, the judiciary nor the concept of personality unfamiliarobjects, such as wedding rings, ancestral portrait, graves etc. personality thing different from thegeneral properties of matter lies in its bearing on the personal interests, personal interests andrecognition of the spiritual damages to its protection becomes a matter of course.The first part of the paper starts with the civil law concept of people and objects and theirrelationships evolve, as well as civil entities and civilian objects perspective to explain and objects,binary distinction between personality and property and integration, and thus leads to the conceptof personality thing appears inevitability and briefly describes the emergence of academic andjudicial personality thing.The second part of the paper intended to define the connotation of the concept of personalitymatter and scope extension. First, define the concept of personality and physical analysis of thelegal characteristics of personality thing; Second, comparative analysis of physical and personalitysimilarities and differences between similar concepts, establish this legal concept derived Ought;Finally, on the extension of the scope of personality thing, try from a different perspective on thepersonality type of material to define and focus on analysis of the current theorists have disputedseveral typical personality thing, put forward their own views.The third part, respectively, from the particularity of personality thing itself, and its inherentsense of social ethics and locks reflect three aspects of the legal value, giving personality demonstrate the legitimacy of material compensation for moral damage, providing strongtheoretical support.The fourth part, through comparative analysis of physical damages and damages thepersonality and the different general physical damages spirit and personality and makerecommendations for mental damages the personality matter judicial action.