| At present, although the existence of personality right of legal persons has been admittedin the legislation and judicial practice in China, the way and the range of the violatedpersonality rights of legal persons in seeking the relief by public force is limited. Whenpersonality right of legal rights suffers violation, which led to the damage of the right ofreputation and credit, and which cannot be used to measure and compensate by the property,whether the mental damage claims can be commenced, the attitude of legislative circle do notclearly stipulate, and the judicial circle is not determined and admissible. In academic circlesthere are different views and divergent public opinions. This leads to the legal persons as acivil subject in our country, lacking the full public relief when its personality right is damagedin the social practice.Therefore, in order to better protect the personality interests of legal persons, thelegislation should not only makes up the property damage, but also fully consider theintangible property damage, including the mental damage. Whether or not the legal personscan request compensations of the mental damage, the focus and prerequisite is to analyze theproblems of “what is the mental damage” and “whether the mental interests to legal personsexists”. The key is to analyze whether the basis and necessity of the compensation for mentaldamage of personality right of legal persons should be protected.This paper analyses respectively from the angles of the definition, theory of inquiry,three bases to demonstrate. The first part is an overview of the claims of the compensation formental damage of personality rights of legal persons, namely, defining the connotation anddenotation of legal persons, personality right and the mental damage, which fundamentallyprotects the qualification to claim compensation for mental damage of personality rightviolated of legal persons. In perspectives of legal policy, theory and international judicialpractice case, Part two is to analyze the basis and necessity of the claims of compensation formental damage violated of personality rights of legal persons.The basis and necessity mainlyanalyzes from the perspective of theory: firstly, the essence and existence of the " spirit" oflegal persons. This part is to clarify the essence of the “spirit" of legal persons--legalpersonality, from which the “spirit” is derived. Secondly, legal persons are a collection of internal members. At the same time, the legal persons is a carrier of the rights and obligationsof the members.legal persons can transfer the benefits and adverse to the members, and canundertake the obligations from members and can enjoy the rights. The rights and obligationsof the members generally transferred to legal persons, in this way, the legal persons canprotect himself and his members of the personality mental interests. The Third is balancingthe relationship between rights and remedies, damages and compensation. When thepersonality right of legal persons is violated, the mental interests should be protected andrelieved. The fourth is the theory of basic rights of legal persons. As mentioned above–theoverview of two part and three basis and demonstration, which will naturally cause the thirdpart about the consideration and discussion of the function and the improvement measures toclaims of compensation for mental damage of personality right of legal persons.To sum up, this paper mainly analyze the claims, in accordance with the traditionallogic structure “what, why, how”, and finally admit and agree the claims of compensation formental damage when personality right of legal persons is violated. |
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