The Institution Of Compensation For Mental Injury Violations Of The Right Of Life Research In China

Life as the most important part of the interests of the personality, the right to life and health can be said to be the weight of the right of personality. Violations of the right to life, can generally be compensation for funeral expenses and the property damage. In addition, close relatives of the victim, also have the right to sue for spiritual damage compensation, the right to compensation for moral damage is most legal confirmation, a lot of theory also supports the system. Before our country does not have promulgated special tort law, the laws and regulations of compensation for the damage to the spirit of our country the infringement of the right to life is very large, the method and amount of compensation is not the same, resulting in in practice in a tort action for damages judgment results are not unified, causing damage to the dignity of the law; after 2010, "tort liability act," officially began, it of mental injury compensation provisions, but this provision only a, no specific implementation details, practical operation is difficult. In judicial practice about violations of the right to life of mental damage compensation has a lot of problems, such as legislation more chaotic system, a lot of interpretation of law, the standard of compensation is not clear, criminal collateral civil proceedings does not support the spirit damage compensate request etc., makes the spiritual damage compensation the rights in reality is difficult to remedy to right to life hurt the victim, and his family is also very difficult to remedy. Now it seems to our spiritual damage compensation for the infringement of the right to life of such a system, it is necessary to carry out deep research.This paper mainly consists of four parts. The first part is a violation of the compensation for the damage to the spirit of the right to life is related to the concept of defined here introduced the right to life, the spirit damage, infringement of the right to life spirit damages of these basic concepts and main comparative analysis of the compensation for spiritual damage and death compensation gold two concepts, the two concepts easily confused, they in nature, compensation basis and function are different. The second part briefly introduces the historical evolution, current situation and some problems of the system of compensation for mental injury in the course of the development of law in china. The third part is the reference of the system of compensation for the damage to the life right of the foreign infringement. Here the main study of Germany, the United States and China’s Taiwan region on the right to life in the spirit of the provisions of damages, as well as some of the provisions of these regulations to bring some inspiration to Chinese mainland. The fourth part is about the perfection of China’s violations of the right to life of the spirit damage compensation system of four suggestions:first consummates our country to violate the legislative system of compensation for the damage to the spirit of the right to life; the second determined damages gold payment method and amount; the appropriate adjustments to the damage compensation amount of gold in order to adapt to the need of reality; four is to establish civil and criminal unification of mental damage compensation and relief system.