Research On The Psychological Compensation For Personalized Pet Damage

According to the Interpretation of the Supreme People's Court on Several Questions Concerning the Determination of Compensation Liability for Mental Damage in Civil Tort,the object of compensation for mental damage in infringement of property rights is limited to commemorative articles of personal significance.In the current judicial practice,pet owners often claim compensation for mental damage caused by the infringement of pet ownership.However,in the current legislation of our country,pets are not clearly defined in the category of specific souvenirs,only treated as general property.Due to the absence of current legislation,the judging dilemma of "different judgments in the same case" inevitably arises.In order to solve the current legislative and judicial dilemma,in order to pursue substantive justice and balance the legitimate interests of all parties involved in the dispute,we should clarify the basic category of personalized pets,analyze the legitimacy of personalized pet spiritual compensation,establish a personalized pet spiritual compensation system,perfect the legislation of personality rights in China,make up for the spiritual injury of the parties,and improve the conduct of judicial practice.Doing sex.Through the analysis of the dilemma and causes in the legislation and judicial practice of our country,on the basis of a thorough understanding of the current situation of our legislation and judicial system,drawing lessons from the relevant foreign legislative provisions,taking the formulation of the Civil Code as an opportunity to improve the mental compensation system of our country and make it more refined,in legislation,personalized pets are included in the scope of mental damage compensation,and personalized pets are clearly defined.The constituent elements of mental compensation for damages include detailed provisions on the amount of compensation,judicial suggestions in the absence of legislation,expansive explanations of "specific monuments" and requirements of paying attention to the actual situation of the case in the process of trial.The above is the proper way to solve the disputes of moral compensation for personalized pet damage.