A Study On Compensation System For Mental Injury To Consumers

Against the backdrop of comprehensive reform and opening up and prosperous market economy,commodity trading has brought vitality into businesses and the market as a whole.As compared to businesses,consumers belong to a vulnerable group,and their losses suffered in the process of consumption are manifesting themselves.The Law of the PRC on the Protection of the Rights and Interests of Consumers,which was promulgated in 1993,is no longer up to the development requirements of market economy in terms of compensation for psychological damage to consumers and of protecting consumers' legitimate interests.On 25 October 2013,the fifth meeting of the Standing Committee of the 12 th National People's Congress of the People's Republic of China adopted the new version of Law on the Protection of the Rights and Interests of Consumers,incorporating compensation for psychological damage in the Article 51,which stipulates that if a business operator insults,slanders,searches the body of and infringes upon the personal rights of consumer(s)or other victim(s),resulting in serious psychological damage,the victim(s)may request for compensation for psychological damage.This article aims to make simple suggestions on developing and improving the system of compensation for psychological damage by summarizing and analyzing the theories and practices of the said system and by commenting on the Article 51 of the Law on the Protection of the Rights and Interests of Consumers,in a bid to contribute to a comprehensive structure of China's payment of compensation for psychological damage to consumers.This article consists of three parts.Part one is an overview of the system of compensation for psychological damage to consumers.It narrates the basic meaning and significance of the said system,and discusses differences in consumers' requests for compensation for psychological damage.It also elaborates the functions of the system of compensation for psychological damage to consumers as well as the necessity for incorporating the said system in the Law on the Protection of the Rights and Interests of Consumers.Part two is review of the system of compensation for psychological damage to consumers,and interprets the said system from the perspective of law.It also analyzes insufficiencies in the system of compensation for psychological damage to consumers,laying a ground for China's efforts in improving the said system.Part three puts forward simple suggestions on China's efforts in improving the system of compensation for psychological damage to consumers.It makes suggestions on China's system of compensation for psychological damage to consumers from such perspectives as determination of compensation for psychological damage,clarification of criteria for “serious psychological damage” and unified standards of compensation for psychological damage.