Study On The Scope Of State Compensation For Mental Damage

The compensation for mental damage system plays an important role in civil legal system.The scope of compensation for mental damage is the basic question,which determines the relief of spiritual damages when the rights of the civil subject are infringed.The international community has paid more and more attention to the protection of human rights,and the scope of compensation for mental damage has been expanding with the new social practice.The emergence of new property types,personal property which combines personality and property,is the embodiment of people's increasing attention to spiritual interests under the environment of full development of contemporary social economy.With the rapid development of the society,this new type property whose personality interests outweigh the property interests of new type is bound to be more and more.Although the compensation for mental damage of personality was reflected in article 4 in the Supreme Court of China published in 2001,but the rule is too simple to be applied to the practice,which may lead to the different judgment of the same case,affecting the impartiality and authority of the law.This paper will combine the scope of state compensation for mental injury and personal property to analyse,hoping to be beneficial to the construction of civil law system in our country.The paper has three parts: introduction,text and conclusion,the text consists offour chapters.The first chapter is about the theory of the scope of state compensation for mental distress,explaining the basic concept of mental damage and the compensation.It also shows the development of the mental damage compensation system and clarified theoretical basis of the compensation for mental distress.The second chapter discusses legislative situation in our country about the scope of mental damage compensation.It will discuss from three aspects of the subject,object and special situations by means of the comparison of domestic and foreign legislative differences,investigating whether the fetus and the legal person can ask for compensation for mental damage,so it is a detailed description of the object of compensation for mental damage from the right of personality and the right of status.The third chapter introduces the debatable problems of compensation for the national spiritual damage.It will show the opinions on the basis of the different theories and foreign laws.The fourth chapter to point out problems of mental damage compensation system in our country,and put forward legislative Suggestions about application of the mental damage compensation.