The Research Of Legal Construction Of Spiritual Damage

The relevant provisions of the system of compensation for spiritual damages is an important part of the modern system of civil damages. With the enhancement of people’s legal concept and the improvement of the system of compensation for spiritual damages, also gradually development and perfection. However, at present our country in the mental damage compensation system in the use of the process still has a lot of problems, especially in the theory and practical operation in the presence of many problems, or for the protection of people’s spiritual interests. On the subject of right of claim of compensation for mental damage to the definition, theories about cognition and operation in practice there are different. For example, the main claim there is not clearly defined, the scope of the problem is not appropriate. Issues related to the compensation for mental damages claims are discussed.For the issues related to the mental damage compensation, there are a lot of controversy in the theoretical circle and practice circle. For example, the definition of right of claim of compensation for mental damage indirectly third people, there is a big debate about the definition of right of claim of compensation for mental damage of legal person. And it is the scope of these disputes will determine the subject asking for compensation for mental damages are different, thus further relief to the judicial practice in the mental damage compensation will be a different situation. Therefore, the spirit damage compensate request the right to define the problem is particularly critical.This paper is divided into five parts. Respectively is: the first part is introduction, the second part of the spirit damage compensate scope and the present situation, the third part of the claim for mental compensation defines and discusses the legislative construction, the fourth part for the spiritual damage compensation claim and the fifth part is the conclusion.First of all, the article for the range of the spiritual damages compensation and judicial practice in China the status discussed. Starting from the basic concepts, basic words involved in this paper, such as the "damage", "mental damage" to define.Through the analysis of the compensation for spiritual damages conditions of use are classified and discussed further, and combining with the judicial practice of our country, the existing problems are discussed in the main body, and the damage degree analysis, and then leads to the following discussion of the subject of right of claim for.Secondly, this paper described in detail the main claim of compensation for mental damage. First from the concept of right of claim, right of claim is discussed in detail the connotation and elements of the establishment. In the understanding of the basis of claim, this paper further analyzes the scope of subject of right of claim and dispute of the special subject of claim right. The main claim of compensation for mental damage is divided into four parts, respectively, from the direct victims,indirect victims, fetal and legal person to carry on the discussion, is not recognized for the qualification of subject of the fetus, the other three categories, this paper argues that should be incorporated into the scope of the subject to the. In addition,were also discussed for the mental damage compensation for moral damage in breach of contract and compensation for the object, its particularity is discussed in detail.In addition, according to the mental damage compensation of some special problems in the practice, the paper also according to the different situation are described in detail, focusing on the protection of the rights of man and the feasibility of the operation of judicial practice to define. The rapid development of modern society, and the spiritual interests has become increasingly complex, more and more new problems emerge in an endless stream, the existing law can not cover all problems, so this situation requires us to continue to study, and to establish a relatively perfect system, so that the spirit of the people to protect the interests of amore comprehensive.