Compensation For Spiritual Damage Of Personality

With the development and progress of society,the pursuit of human rights and interests is becoming more and more comprehensive.Under the background of the vigorous development of the socialist market economy,the integration of personal interests and property interests is inevitable,which is embodied in the materialization of personality and the personalization of things,thus forming the personality and property attributes with personality interests far higher than property interests.China is deeply influenced by the civil law system in legislation,and has established a strict legislative mode of binary distinction between man and thing,property and personality.Under this legislative mode,at the beginning of the emergence of the personality thing,it is faced with the problem of how to define the theory and how to carry out comprehensive protection.As a written law country,the lag and limitation of the written law have an inevitable negative impact on the judicial practice of our country.The protection of people and objects has experienced a transition from scratch in the legislation of our country,but there are still differences between the legislative provisions and judicial interpretation at this stage.Judicial interpretation,while affirming the possibility that "special commemorative objects with symbolic meaning of personality" can claim compensation for spiritual damage in the event of damage or loss,strictly limits the scope of compensation for spiritual damage in property rights,but "special commemorative objects with symbolic meaning of personality" is not enough to cover the emerging new types of human objects in social life,such as embryos and human beings So the ashes of relatives,the manuscripts of letters of celebrities,personal personnel files and so on.Based on the analysis of the relationship between the personality object and the object,and the analysis of the object of civil rights and the object of civil rights,this paper identifies the nature of the personality object,and on this basis,clarifies the recognition standard of the personality object.In the analysis of the legitimacy of the compensation for the spiritual damage of personality,the comparative analysis of the domestic and foreign legislative status of the compensation for the spiritual damage of personality,put forward suggestions to improve the compensation for the spiritual damage of personality.At the same time,the current compensation standard for moral damage of personality is not clear,and the way to determine the amount of compensation for moral damage of personality is not clear.The determination of the amount of mental damage compensation is an important link in the judicial practice.However,due to the subjective and non property characteristics of mental damage,the determination of the amount of mental damagecompensation has become a major difficulty in practice.In addition,the difficulty of mental damage and monetary agreement,the judge's quantitative judgment fairness and other influences have increased the difficulty of measurement.As far as the function of compensation for mental damage is concerned,the degree of mental damage is the basis of compensation for mental damage,while the degree of mental damage is difficult to be recognized only by legal thinking,so it is necessary to carry out cross-border,so we try to use cognitive neuroscience as a tool to analyze the above difficulties,in order to provide solutions for the problem of the amount evaluation of compensation for mental damage of personality.