Research On Compensation System For Purely Emotional Distress

With the developing of society and the liberation of thoughts, now people for the pursuit of individual freedom and rights is growing. But purely mental damages as a way of protecting the rights and interests can not be avoided, it has been getting more and more attention of the legal profession and the public. For our society, the purely moral damage is a relatively new concept,the research is still in the initial stages of our country. With the gradual development of society and the legal theory of cognitive, rational learn civil law and common law countries handling mechanisms and theoretical system on purely moral damage problem is an important issue that we need today to face.Since the country promulgate the "Tort Liability Act," the promulgation of the law to achieve the moral damage protection to achieve a major shift from the rights to interests, that is consistent with our legal tradition and adapted to the development trend of the times. But we have to admit, "Tort Liability Act" provisions for moral damage is too brief and conceptualization, numerous specific details are not yet involved in the issue, because our country is in accordance with the law expressly provides handling which leads to a lack of a clear legal basis for the judge when deciding a case. Jurist this country is continuing to discuss, is actively trying to improve judicial practice. In contrast, the case of experienced, comprehensive and detailed rules purely moral damage compensation system is clearly worthy of our careful study of learning.This paper from the civil law and common law countries, the development process and the results of mental damage compensation system to start to study the important theoretical and principles, streamline its development process issues and experiences. On the status quo of China's current mental damages and propose future research related to purely mental impairment opinions put forward some suggestions for our moral damage compensation system.The full paper is divided into six parts, through the concept and development context introduced purely moral damage compensation system to understand its meaning, compared to the national civil law and common law countries for moral damage compensation system for building and improving processes, analysis of the mental damage compensation system The current situation and problems. To put forward some suggestions on moral damage compensation system by drawing on the successful experiences of other countries in the legal construction.