Research On The Mental Damage Compensation Of Personhood Property

The high level of socio-economic development has prompted people to start paying attention to the material benefits which was brought by property,while the prosperity of human civilization has prompted people to pay more attention to spiritual feelings and personality interests,and integrate self-emotion,dignity,and personality into property.Personality interests have multiple manifestations,and personhood property is one of the important carriers.Due to the expansion of connotations and carrier categories of personality right,a series of disputes about compensation for mental damage caused by personhood property damage have become the focus of attention in the judicial field.In 2001,the Supreme People's Court issued the Interpretation of Several Issues on the Determination of Liability for Mental Damage in Civil Torts(hereinafter referred to as the "Interpretation")as the legal basis for disputes about compensation for mental damage caused by the destruction of personhood property.However,the provisions of the "Interpretation" only limited personhood property to a specific type,and limited the compensation for mental damage to personhood property in tortious liability.It has limitations and cannot fully meet the ever-evolving judicial requirements.When the personhood property is damaged,the protection of personality interests and the relief of mental damage need to be solved urgently.Therefore,it is imperative to improve the system of compensation for mental damage of personhood property in China.The research on compensation for mental damage of personhood property should be based on the theoretical concepts,characteristics and types of liability of personhood property.From the perspective of comparative law,the legislations of Germany,France and Austria have different restrictions on the compensation object of mental damage,and therefore have different levels of acceptance of the property right claim for the mental damage compensation.The legislative provisions of these three representative countries have their own advantages and disadvantages,and we should be discriminated in their theoretical analysis and reference to legislation.Proceeding from the current status of China's legislation and judicial practice,the limitations of regulations and practical operational are found,making demonstrations and analyses on the refinement personhood property identification standards,the improvement of legislative provisions on compensation for mental damage of personhood property caused by tort,addition of the rules for the application of mental damage compensation for personhood property caused by breach of contract,the reference basis of compensation for mental damage of personhood property,and this thesis tries to provide suggestions for the application of compensation system for mental damage of personhood property in China.