Study On Mental Compensation Of The Legal Person

The system of compensation for spiritual damages in our country is just applied to thespiritual damages of natural person up to now, the procedural law in our country say no to thepoint if the system can be applied to legal person.But in the judicial practice,there can oftenbe some cases based on the damages of legal person’s non-property interest,such as theinvasion of reputation rights and honor rights. The incoordination between legislation andjudicature raise the author some questions: whether or not the legal person can gain thecompensation for spiritual damages.Based on the supporting side, how can we construct thesystem of the compensation for legal person’s spiritual damages.In order to discuss thisquestion,the passage will be divided into three parts.The first part is concerned with “The system of compensation for spiritual damages andits application to legal person”. It aims to pave the foundation and direction of the research onthe compensation for legal person’s spiritual damages.The current system of our civil lawvests in the continental system.When we study the historical tradition and relevant legalsystem、judicial precedent or theory of some representative country(area) in the continentalsystem, including Roman Law, French Law,German Law,Japanese Law,Swiss Law and thelaw of Taiwan, China.We can realize concretely of the legislative evolution and currentconstruction of the compensation for spiritual damages system, as well as itsconnotation,extension and essence.to apply this system to legal person’s non-propertyinterest. The main content of the research in Mainland China includes the system ofcompensation for spiritual damages, its application to legal person and research status.The second part “the justification of legal person mental compensation”,as the startpoint of the legal personality, the legal person spiritual interest should be protected in law, soas to justify legal person mental compensation. This part consist of three levels:The first stage is to research the existence of legal person mental compensationwhich is the subordinates concept from Tort Liability. mental compensation must consistentto the constituent elements of the tort liability, that is to say, the premise of achievement oflegal person mental compensation is the existence of corporate spiritual interest andpossibility of mental damage. What rights the legal person has have to do with actual rightssituation and the legal person essential attribute which don’t limit its personality Rights. Inreal life, legal person also have such many personality rights as right of name, right of honor, the reputation right,and so on,while legal person personality right contains personalityinterest which is distinct with property. As the result, legal person have non-propertyinterests and may be damaged. By comparison method, study the nature of mentaldamage,obtain a development trends which mental anguish is not the premise of mentaldamage, at the same time, study and analysis the usage of mental damage and non-propertydamage in order to clear a fact that it is appropriate to express the non-property damage aslegal person mental damage.The second stage considers the principle of civil law. By stating that compensationfor mental damage of legal person guarantees rights and profits of their own as well as ofrelated individual, this part responds to the doctrine that civil law is regarded as the essentialof rights protection, and support the legitimacy of compensation for mental damage of legalperson on the principle of civil law.The third stage discusses injustice circumstances of our country caused by legislativedenial to compensation for mental damage of legal person, by analyzing the legislative modelof Continental Legal System, which abstracts a legal nexus through legislation and specified alegal nexus through justice. Therefore the legitimacy and urgency of compensation for mentaldamage of legal person could be proved reverselyThe last part is concerned with the frame of institutionalization of compensation formental damage of legal person. As civil law is an order spontaneously generated anddeveloped in dynamic justice, which lead the institution of compensation for mental damageof legal person from legislation to positive law, when it has been proved in judicial practice tobe suitable, the institutionalization should take systematization of internal and externalstructure as its standard and goal. This text also gives advice on conceptual decision,legislative principle, content and standard of compensation, etc. of the establishment ofprovisions on compensation for mental damage of legal person...