The Dilemma And Perfection Of The Quantitative Standard Of Mental Damage Compensation

In recent years,with the great changes of society,it has become the basic value concept of legal order in China to protect the spiritual interests that embody the value of human dignity.However,due to the immateriality of mental damage,how to quantify mental damage compensation has been puzzling legislators and judicial circles in various countries.Based on the judicial practice,this paper points out the dilemma of the quantitative standard of mental damage compensation,and puts forward some suggestions on the improvement of the quantitative standard of mental damage compensation.The main contents include the following four aspects:The first chapter is the quantitative overview of mental damage compensation.First of all,the quantitative definition of mental damage compensation is clear,pointing out that the accurate definition of the connotation of mental damage compensation is the primary problem,and the definition of mental damage is adopted in a broad sense;secondly,the function of mental damage compensation is analyzed and summarized,indicating that it has the function of filling mental damage,soothing mental pain and punishing infringers.The second chapter is the dilemma of the quantitative standard of compensation for mental damage.This paper puts forward four dilemmas in the quantification standard of mental damage compensation: first,the quantification principle of mental damage compensation is uncertain,and there are many theories about the quantification principle of mental damage compensation in our country,which makes the quantification of mental damage compensation in judicial practice different from each other and cannot guide the judicial practice in a macro sense;second,the quantification method of mental damage compensation is not unified,through the comparison between the theory and the current situation in our country Through the analysis of relevant regulations,it can be concluded that the quantitative methods of mental damage compensation are not uniform,resulting in different judgments;thirdly,the quantitative factors of mental damage compensation are not clear,this paper summarizes the quantitative factors in theory,after in-depth analysis,it is found that the scope of quantitative factors is not clear,combined with various factors widely mentioned in judicial practice,it is analyzed one by one,and it is found that judges do not distinguish between quantitative factors when they are applicable The supporting point behind the factors,the proportion of quantitative factors in the quantification is not clear in the judgment;fourthly,the protection of breach of contract spiritual damage compensation is not comprehensive,pointing out that the scope of the protection of breach of contract spiritual damage compensation has limitations,the lack of quantitative rules,and it is difficult to implement this system in practice.The third chapter is the solution to the dilemma of quantitative standard of compensation for mental damage.Based on the second chapter,this chapter analyzes the dilemma of the existing quantitative standard of spiritual damage compensation one by one,and explores its solution.First,combining with the academic theory,from the perspective of the function of mental damage compensation,the quantitative principle of mental damage compensation is determined,that is,three principles plus the principle of reference proportion.Secondly,the method of determining the amount of compensation for mental damage in our country should adopt the comprehensive method,that is,the classification method,the limitation method and the discretionary budget estimation method.However,the amount of compensation for mental damage quantified by this method can adapt to the economic development,the case situation and the uncertainty of the quantitative factors of compensation for mental damage.Third,in view of the unclear quantitative factors of mental damage compensation,after studying the influence degree of the quantitative factors in judicial practice,we should make clear the weight of the quantitative factors,build a reasonable framework,classify and explain the quantitative factors,so as to clarify the scope and make the quantitative factors in a state of elastic change.Fourthly,to improve the protection of spiritual damage compensation for breach of contract,on the basis of clarifying the limitations of the scope of protection,expand the protection of spiritual damage for breach of contract for non infringing personality rights,and then clarify its quantitative rules,so that the spiritual damage compensation for breach of contract can be operated,and promote the development of the system of spiritual damage compensation for breach of contract.The fourth chapter is the classification of the quantitative standard of mental damage compensation.According to the principle of distinguishing compensation for mental damage,the mental damage is divided into material moral damage,mental damage and breach of contract mental damage.Combined with the comprehensive law,considering the relevant quantitative factors,using the experience of judicial practice for reference,on the basis of affirming the rationality of the previous public reporting cases,suggestions are put forward for the improvement of the quantitative standard of compensation for mental damage.