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On The Perfection Of The System Of Compensation For Mental Damage In The National Compensation Law

Posted on:2021-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:M K ShiFull Text:PDF
GTID:2416330605976882Subject:legal
Abstract/Summary:PDF Full Text Request
The "National Compensation Law" provides for a system of compensation for mental damage,which shows the protection of citizens' basic rights and spiritual interests,but there are still some shortcomings in the process of judicial application.This article compares and analyzes the system of compensation for mental damage in the fields of civil law and extraterritorial state compensation,summarizes the shortcomings of the system in the State Compensation Law,and draws on suggestions from the practice in the field of civil law.The first chapter is an overview of China's compensation system for mental damage.Firstly analyzes some basic concepts,secondly reviews the development of the system in the fields of civil law and national compensation,and finally explains the relief methods and functions of the system.By elaborating the basic theory of the system to lay a foundation for the following content.The second chapter is a comparative analysis of the system of compensation for mental damage,including the provisions of the system in the fields of civil law and compensation in extraterritorial countries.Most jurisdictions in foreign countries have adopted the relevant provisions of civil law in judicial practice.At the same time,the system in our country's civil law field was established earlier,and we have relatively rich experience in judicial practice.Through comparative analysis,I hope to provide valuable theoretical support and extraterritorial reference for the improvement of the system in China's National Compensation Law.The third chapter points out the shortcomings of the system of compensation for mental damage in the National Compensation Law.First,the scope of compensation is narrow compared to the field of civil law;second,it is difficult to identify "serious consequences" in practice;third,the Supreme People's Court's Opinion on the upper limit of comfort payments is too principled,and the determination of the amount of comfort payments in practice is easily affected by public opinion;finally,the supporting system of the consolation fund is not perfect,and it cannot perform its function as a compensation system for mental damage.The fourth chapter puts forward perfect suggestions for the above-mentioned shortcomings combined with the theory and practice in the field of civil law.First,broaden the scope of compensation and analyze four types of rights:reputation,privacy,personal dignity,and special property;second,the reference elements of"causing serious consequences" include basic elements and elements of life;third,the situation of breaking the ceiling for comfort payments should be clearly defined for judicial practice to refer to;finally,three ideas were provided for the establishment of a supporting system for the relief of mental damage:namely the release of guiding cases,the cultivation of a mental damage appraisal department,and the principle of giving priority to consultation.
Keywords/Search Tags:National compensation, Mental damage, Scope of compensation, Serious consequences
PDF Full Text Request
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