On Moral Damage Compensation For Personal Property

In these countries, the property right of compensation for spiritual damage is still in the exploratory stage. Our country about the property right of civil damages provisions are relatively scarce. Until 2001,the Supreme Court of China issued "special commemorative items with personal symbolic meaning". Regulation has the symbolic significance of personality specific Memorial on the rights of the rights of personality damage may request compensation for moral damage, but has been unable to meet the needs of increasing property right infringement spirit damage compensation. In order to better protect the legitimate rights and interests of the civil subject, and improve the system of spiritual damage compensation, it is necessary to establish the system of spiritual damage compensation in our country. How to construct the system of moral damage compensation for the infringement of property rights is the most important of today’s judicial construction. This article mainly from five parts to discuss this.The first part, the author from the two aspects of the necessity and feasibility of the property rights of the mental damage compensation system is analyzed and demonstrated rationality. The establishment of property right system of compensation for moral damage is the need of the judicial practice in China, it can be more fully and more effectively protect the legitimate rights and interests of citizens. In the current external conditions become more mature, most of the scholars in our country are willing to recognize the infringement of property rights should be for moral damage compensation system. In the construction process in addition to the cases of legislation in the world for reference, the general principles of the civil law of our country can be as the legal foundation. Our country also have successful case can be used for reference.The second part, the author from the perspective of foreign law and China’s domestic law. The clear property rights infringement after exclusion of the outside of the scope of application of the disadvantageous position of the compensation system of mental damage compensation analysis too absolute, ignore the reality of the spiritual damage caused by the infringement of property rights, is obviously unreasonable, so it is not desirable; positive overall position in actual operation difficulty increase the suspicion of tort liability, so couldn’t put it down. Therefore, our country can make a more careful choice, namely the law only provides the specific property rights were infringed on the request for compensation for mental damage.The third part, compensation for infringement of property rights from the object and the main body of the two aspects of the scope of compensation for spiritual damages. In the judicial practice, the important part of the responsibility cognizance lies in the definition of the scope. Property rights infringement spirit damage compensation object scope must be "Property for Personhood ",has the following legal characteristics:firstly, It is the material, belong to the category of things, with common physical attributes, and has the interests of property value. Secondly, it is a specific object with strong personal interest, which is generally accepted by the common people. Thirdly, it contains the interest of people’s emotional or spiritual personality. In the end, it’s res non fungibiles. In view of the special nature of personality, the subject should be "obligee". In the end, respectively from the Angle of legislation and the judicial building of violations of the property rights system of compensation for mental injury problems put forward their views and Suggestions. Given that infringe on the superiority of property rights of the mental damage compensation system. Build the system in our country is not only beneficial to protect the legitimate rights and interests of citizens, but also to safeguard the integrity of the mental damage compensation system in China and unity. Build the legal system in our country is imperative.The fourth part, on the form of compensation for the damage of property rights.So that:In determining the liability for damages, in addition to fault liability elements, and other special requirements. The form of liability should be compensation for money, stop the infringement, eliminate the effect, restore the reputation, apology and other duties as a supplement.At last, the paper puts forward some opinions and suggestions on the construction of the system of compensation for mental damage. In view of the superiority of the compensation system for mental damage in our country. The construction of this system, not only conducive to the protection of the legitimate rights and interests of citizens, is conducive to the protection of integrity and unity of spirit damage compensation system in our country. In our country to construct the legal system is imperative.