Research On Damages Caused By Infringement Missing College Entrance Examination

This article discusses the case of health rights disputes between Lumou and Zhenyuan County Shangwu Training Center and Zhang.The focus of the dispute can be summarized in the scope of damages and the amount of compensation for mental damage.It can be divided into three controversial issues: Whether the cost of life education in senior high school requires compensation,whether the re-examination fee requires compensation,whether the mental damage requires compensation and the amount of compensation.Since my national law is a product of legal transplantation,and the Civil Code has not yet been completed,the law on damages is broken up in various departmental laws,which leads to long-term debate in the theoretical circle.In order to reasonably solve the disputed problems similar to this case,it is necessary to re-examine the damage compensation system in China.The concept of damage should be based on the difference between the concept of natural damage,but what kind of damage is legally compensable damage requires the normative evaluation and screening of damages in the natural category to be translated into legal damage.The scope of compensation should not be limited to traditional actual damage,and some abstract damages should also be compensated.Mental damage is a narrow non-property damage,including physical pain and mental pain.The scope of the object of compensation should be expanded.Severity standards can be introduced into psychological research.The calculation of compensation for mental damages should indeed take the necessary restrictions,but such restrictions should not be rigidly stipulated in a specific amount or the upper and lower limits of mandatory compensation,excessively restricting the discretion of judges,but should be clear The judge limits the reference factor in determining the amount of compensation for mental damage.