On The Perfection Of Our Moral Damage Compensation System

Moral damage compensation system is a classical research proposition of civil law, the former research results for the base, based on clarifying the relates to mental damage compensation system related theory, compared the mental damage compensation system of legislation, review our current spirit damage compensate system, puts forward suggestions on the system of compensation for spirit damage in china.In addition to the introduction and conclusion, this paper is divided into three parts:The first part:the consideration of spiritual damage compensation system the basic problem. This part mainly is the origin, the development history of the system of compensation for spiritual damage compensation for spiritual damages, related theories and the spiritual damage compensation to sort out the development trend in the future. Dialectical analysis of various viewpoints emerged through intention of the origin and development process of the system of compensation for spiritual damages in practice, combined with the development of the system of compensation for spiritual damages of countries all over the world, to explore the mental damages system of our country future development road.The second part:analysis of the plight of the system of mental damages. This part mainly according to the relevant provisions of China’s current system of compensation for spiritual damages, to summarize and analyze the former research, the three difficulties of spiritual damages in our country are discussed, the lack of legal person spiritual damages calculation standard is missing, the right to claim for compensation of damages for breach of the spirit of the legislation blank and scientific spirit damages.The third part:the suggestions to perfect the system of compensation for spiritual damages in China. This part is mainly based on the two parts above, facing the spirit damage compensation system dilemma, one by one to propose targeted suggestions:establishing the legal person spiritual damages subject status, personality right infringement legal behavior should bear the spirit damage compensate responsibility; establishment of a compensation system for spiritual damage by breach of contract, breach of contract behavior leads to the observant party suffered serious mental damage, and belongs to get spirit to enjoy or get rid of spiritual distress for the purpose of such a type of contract, it shall bear the liability for compensation of mental damage compensation; calculation standard of the compensation based on distinguishing the spirit of the damage and personal injury non-personal injury spirit two types, in order to get rid of standard our country present spirit damage compensate the lack of practical operational difficulties.