Study On The Application Of Mental Damage Compensation

Spiritual damage compensation system in our country experienced from scratch, from simple and mature development process, has now become the civil law theory and practice research and discussion on important topics. Institution of compensation for mental injury and the most core question is: what rights are violated we can ask the court for mental damage compensation. The core problem can be summarized as: the scope of the mental damage compensation system. This paper includes the following five parts:The first part mainly tells the story of some theoretical problems in mental injury. Mainly includes the concept and characteristics of the mental damage and damage degree of three. The fundamental problem of the understanding of mental injury helps us to understand the mental damage compensation system.The second part focuses on the basic theory of system of mental damage compensation applicable scope. The problem is the core of the whole, but also understand the basis of practical cases.The third part focuses on the scope of compensation for mental injury of some practical cases. Through the cases put forward my own Suggestions.The fourth part mainly tells the story of the continental law system and Anglo-American law system in the scope of compensation for mental injury in the specific provisions. Through the comparison of the two legal systems, we can draw our country should be in what aspects to be perfect.The fifth part focuses on the scope of mental damage compensation system in China and the practice. At the theoretical level and practical level, spiritual damage compensation system in our country there are some problems, so the need to constantly improve the system.