To Explore The Issues To Mental Damage Compensation Of Personal Property

Nowadays, the controversial spiritual sustenance of people and property interests in the practice of judicature arising from growing. "personal property" is separated from the general sense of the property out, growing into the vision of judicature. However, neither the concept nor the criteria of "personal property" is contained in our law, whether the victim of "personal property" can require mental damages and other issues or not is not sure. On the basis of referencing a number of foreign literature and related legislation, and combining with the status quo of China’s legislative, this paper attempt to make a detailed exposition to define the concept of "personal property", the feature of "personal property", what "personal property" of the criteria is, and against the "personal property" in accordance with applicable mental damages, in order to explore effective ways to improve the legal protection of "personal property".This article is divided into four parts, they are, "personal property" overview, mental damages property infringement legitimacy personality analysis, domestic and foreign legislation and assessment, improve the protection of the law proposal. The first part focuses on the concept of "personal property", features and criteria. The second part of the article discusses the function and mental damages theoretical and practical basis for the request for compensation. The third part of the article describes the relevant legislation at home and abroad, and these rules were simple Comment. The fourth part of the article attempts to assume the responsibility for the type of request made perfect "personal property" legal protection of the body and the amount of compensation and other aspects of rationalization proposals identified.