The Applicable Scope Of Mental Damage Compensation In China

From the current situation of legislation and judicial practice of compensation for mental damages in China, we can see there are the following problems: The subject and the object of the right of claim of compensation for mental damage are not clear, the behavior that can cause mental damage compensation is in a narrow range. These problems caused the chaos of the treatment of mental damage compensation in the judicial practice、the problems in law application, and the adverse on the protection of victims’ mental interests. The reasons are the following ones: Lack of understanding of the mental damage compensation rationality、Distinction between mental damage and non property damage is not clear、Conflict between the law and the legislation blank.Mental injury in the civil law, is in the narrow sense of mental injury that can get compensation with Money, it include the psychological suffering 、 pain or other severe mental anomaly. Because of the abstract and difficult to identification of the mental damage, we must adhere to the principle of statutory when we try to find out the scope of application of compensation for mental damage. According to the existing provisions of the mental damage compensation in our country, we can tell that the subject include vegetative、fetus who are born alive. Legal persons and other organizations are not included. The object include the purely spiritual interests、specific property. When breaching of contract and criminal behavior that caused mental damage, the victim should have the right to request compensation for mental damage.As the party’s Fourth Plenary Session of eighteen claimed that we will make the Civil Code, I comparative analysis all the expert advisory draft, then I put forward the idea of how we perfect the the system of compensation for spiritual damages in the Civil Code in future. We should make generalization provisions about compensation for spiritual damages in the general principles of creditor’s rights, and make sure that people should bear the responsibility for compensation for moral damage when they infringement of personal rights(include the purely spiritual interests) or the specific property rights, we can list this legal provisions in the tort part of the Civil Code.