The Study Of Spiritual Damages Compensation System In China

The spiritual damages compensation system is a basic system of legal liability that is gradually established under the influence of market economy in China. Due to the influence of Soviet Union’s law during the early years of PRC foundation, the spiritual damages compensation system has started late in China. At present, the system related to spiritual damages compensation has been basically formed. However, given the social and economic development in China and relevant legal concepts in the world, the current system not only fails to keep pace with the economic development in China but also falls behind the tendency of relevant law. This paper is devoted to analyzing the shortcoming of China’s spiritual damages compensation system in a comprehensive manner and exploring the development path of China’s spiritual damages compensation system in the future.This paper has aimed to study China’s spiritual damages compensation system in four aspects. The first part is concerned with the basic theory about spiritual damages compensation system. The primary goal of this part is to explain the essential meaning of spiritual damages and introduce the classification of China’s spiritual damages compensation system. The secondary goal is to summarize the feature of the development of spiritual damages compensation system all over the world and explore the development direction of China’s spiritual damages compensation system. The ultimate goal is to interpret the legal basis and realistic meaning of spiritual damages compensation system as well as justify the system.The second part has made a summary of the spiritual damages compensation system in two civil law nations and aimed to identify the flaw and gap in China’s relevant system. The main purpose is to study the application scope of spiritual damages compensation system in common-law country and the application of non-pecuniary loss compensation in continental-law country.The third part focuses on the flaw in China’s spiritual damages compensation system. Starting from the present situation of legislation and judicial interpretation in China, this part has made an overall analysis on the development of China’s spiritual damages compensation system. In addition, this part has made a comparative analysis on the two legal systems in the world and thus pointed out the key problems facing China’s spiritual damages compensation system in the field of legislation and legal proceeding.The fourth part is the author’s outlook for China’s spiritual damages compensation system from the perspective of completing the legislation system, establishing the system of judicial identification classification as well as expanding the application scope of punitive compensation system. By combining China’s actual condition and the experience of well-developed system in other countries, the author has also proposed many bold ideas on developing China’s spiritual damages compensation system. To be more specific, the application scope of China’s spiritual damages compensation system should be expanded accordingly while the innovative reform in the payment for spiritual damages compensation, also known as annual payment system, should be conducted.