The Perfection Of The Legal System Of The Spiritual Damage Compensation In The Civil Tort Of Our Country

Along with the development of the socialist market economy and the improvement of people’s living standards, people’s awareness of protecting their spiritual rights is gradually strengthened. The compensation for spiritual damage has been improved. The compensation for spiritual damage has become an important relief system in the modern civil law, which plays an increasingly important role in social life and judicial practice. The legal system of the spiritual damage compensation in our country starts late, although our country’s relevant laws and judicial interpretation of the spiritual damage compensation for certain provisions, but the legal system of the spiritual damage compensation in our country is still in some problems. The literature reading method, qualitative analysis method, descriptive research method to form the theoretical framework for the study, of mental damage compensation law and theoretical analysis is given to the identification, and pay attention to the case analysis of relevant problems will be introduced and of foreign related system effective achievements goes to its dregs, absorbing the essence and avoid for the related system of our country to negate the ideological premise, will recommend some countermeasures as the main content and innovations. The structure of this paper is as follows: first, the concept of mental damage compensation is discussed, in order to further review the existing mental damage compensation system in our country, the defects and deficiencies and the improvement in the future. Then, describe the legal system of the spiritual damage compensation in our country, the establishment process and the current situation of the system and the comparison of the effective results of the world’s mental damage compensation system. After that, this paper discusses some problems in the system of spiritual damage compensation in our country’s current civil tort law, which is mainly reflected in the scope of subject and object, the legal person organization and some rights are excluded. Finally, a large number of civil tort compensation legal system in the world, based on national conditions, combined with the author’s judicial practice experience, to improve the legal system of our country’s legislation and practice, to strengthen the legal interests of the parties to protect the legitimate interests of the parties, to prevent illegal infringement, to improve the efficiency of litigation, to maintain social stability and social harmony.