On Compensation For Non-pecuniary Damages In Tort Law

It is generally believed that damages in Tort Law include non-pecuniary damagesand pecuniary damages. With the rapid development of economy, more and morepeople are paying attention to the system of non-pecuniary damages in Tort Law,.Inthe meantime, complicated cases about this question have emerged. In our legalsystem, it is described as mental damages, instead of non-pecuniary damages, andthere are a lot of problems, such as the regulation is not clear, the standard is unified,and even contradictions between regulations. As a result, the disadvantages areobvious, for example, victims are lack of protection, or the verdicts of the similarcases are extremely different. The main problems focus on the following aspects:when we can claim non-pecuniary damages compensation in Tort Law, and whetherthe compensation is limited to mental damages, and how to determine non-pecuniarydamages compensation etc.Therefore, the object of this research paper is the system of non-pecuniarydamages. The main contents include the functions of non-pecuniary damagescompensation, the content of non-pecuniary damages, the composition elements ofnon-pecuniary damages compensation, and the legal consequences of non-pecuniarydamages compensation etc. And the opinions of this research paper based on ourcountry’s current laws on non-pecuniary damages compensation, scholars’opinions,foreign legislation and practices. There are five chapters in this research paper:Chapter1: An overview of the discussed content of this research paper. By citinga few complicated cases, it mainly introduces problems of non-pecuniary damagescompensation needed to be solved in the practice to clear and definite the discussed content of this research paper by classifying the answers to these questions.Chapter2: The content of the non-pecuniary damages and the functions ofnon-pecuniary damages compensation, which provide the theoretical basis for thenecessity of the non-pecuniary damages compensation. Especially when the subject orthe object is special, the content of the non-pecuniary damages and the functions ofnon-pecuniary damages compensation provide the theoretical basis for supporting thenon-pecuniary damages compensation which put forward by the victim. Thesecontents also provide the principle for how to determine non-pecuniary damagescompensation etc.Chapter3: The main content of this part is that under what circumstances we canclaim non-pecuniary damages compensation in Tort Law, which means thecomposition elements of non-pecuniary damages compensation. Therefore, the firsttitle is whether the mental anguish is one of the composition elements ofnon-pecuniary damages compensation, which determines whether the non-feelingability person, the legal person, the dead and the fetus can or how to claimnon-pecuniary damages compensation in Tort Law, and then determines how to claimas the victim’s immediate family. Secondly, the content is mainly about the object ofnon-pecuniary damages compensation, in combination with the vast majority of cases.And lastly, this part mainly discusses whether the intention or negligence is one of thecomposition elements of non-pecuniary damages compensation.Chapter4: The discussion is mainly about the legal consequences of thenon-pecuniary damages compensation, including the factors affecting the amount ofcompensation, the relationship between different form of responsibility, applicablepremise and consideration of these responsibilities etc.Chapter5: The summary of all of the above conclusions.