Research On Moral Damage Compensation Of Personhood Property

personhood property is a typical form of organic integration of material property and personality interest,which is closely linked to the interests of personality,reflects human's deep feelings and will,and the pain caused by damage or loss can not be remedied by the substitute.Because it accords with the needs of the spirit of the civil law and the principles of public order and good customs,it has the value of the protection of the times.It not only complies with the historical trend of the integration of people and things,but also helps to balance the rights and obligations between the obligee and the infringer.When the personhood property is infringed,it is generally remedied for compensation for mental damage,which should be based on the establishment of the moral damage liability for personhood property.Specific study on personhood property as the object of tort,personal property by the permanent damage of facts and behavior have subjective fault and specific causal relations,and according to the characteristics of personal property infringement,to meet the requirements of human rights by the presence of personal property damage caused by the fact that the mental damage implicated,strictly related to the liability for special form the elements.Besides,according to the unclear legal status of personhood property,the limitation of judicial application and the lack of compensation standard for mental damage,we have in-depth analysis.The legal system of China's characteristics as the basis,the relevant legislation and experience reference of personal property right infringement spirit damage relief abroad,puts forward the detailed personal property of specific standards,applicable personal property of mental damage in tort law remedy,limit the personal property damages the spirit of subject and object,and establish a clear reference to mental damage the standard of compensation for mental damage and other content specific initiatives,in order to regulate the personal property in China for compensation.