Research On The Scope Of Application Of Mental Damage Compensation

The system of compensation for mental damage occupies an important position in the field of civil law in China,but it is also a controversial system.The core and foundation of studying this system lies in exploring its applicable scope.Our country's investigation on the applicable scope of the system of compensation for mental damage is to seek indemnity and compensation for the violation of the victim and the rights that may be violated.This is not only conducive to the realization of the right to personality,but also consistent with the trend that the international community pays more and more attention to the protection of human rights.In recent years,in the field of civil law in China,the scope of application of the compensation system for mental damage,including various judicial practices and theoretical investigations,has been deeply studied.Some improvements have been made in theoretical research and some practical experience has been accumulated in relevant judicial trials.However,in contrast with other countries with more sound and advanced legal systems in the world,the existing research results in China are not perfect and mature,and there is still much work to be done.In the actual judicial trial,due to the imperfection of relevant laws and regulations and supervision system,there are great differences in the proper handling of relevant problems.To sum up,based on the concrete analysis of the relevant details of compensation for mental damage,through the General Principles of Civil Law of the People's Republic of China(hereinafter referred to as General Principles of Civil Law),General Provisions of Civil Law of the People's Republic of China(hereinafter referred to as General Provisions of Civil Law),Tort Liability Law of the People's Republic of China(hereinafter referred to as Tort Liability Law)and the latest Civil Code of the People's Republic of China(hereinafter referred to as Civil Code)and other relevant bills,as well as with the current social research conclusions,the scope of application of the relevant damage compensation is discussed in detail,and superficial opinions are expressed.The full text is divided into three parts,that are,introduction,text and conclusion,in which the text is divided into four chapters.In the first chapter,the basic concepts of mental damage and compensation for mental damage are analyzed firstly,and the origin,function and development of the compensation system for mental damage are studied in detail,as well as the necessity and value of the existence of the system.The main academic viewpoints of this chapter are as follows: 1.The meaning of damage above tort liability law includes broad sense and narrow sense.The author supports the meaning above the broad sense,that is,damage should be a state of non-interest,which should be caused by injurious behavior or quasi-criminal behavior.2.As for the meaning of mental damage,there is no clear concept for our country for the time being,and only the Debt Law put forward by Yugoslavia in 1978 has a clear connotation,that is to say,the damage result caused by physical and mental fear caused by the aggression committed by others.Article 2217 of the Civil Code of the Philippines and Article 151 of the Civil Code of the Russian Federation are only involved.3.The meaning of compensation for mental damage is the material compensation for mental damage of victims.It is only one kind of relief for mental damage and non-material relief inherent in civil law.According to the degree of injury,the injurer gives the victim a certain amount of money to relieve the mental damage suffered by the victim.4.The importance of defining the scope of compensation for mental damage is as follows:(1)Avoid confusion between mental damage and property damage.(2)Promote the realization of relevant legislative purposes.(3)Optimize the office efficiency of judicial organs and reduce costs.The definition of the scope of application of compensation for mental damage should be based on the basic values of civil law principles,namely,"there is compensation for infringement" and "the seriousness of damage".The second chapter mainly compares and analyzes the provisions of France,Germany,Switzerland and other countries on the scope of application of compensation for mental damage,and finds out its advantages and advanced points for the reference of China's legislation.Main points of this chapter: France,Germany,Switzerland and other countries have many progressive ideas on the scope of application of compensation for mental damage,which need our country to learn.In the third chapter,the specific problems of the current practice trial in China are analyzed concretely,which mainly divided into three periods,before the founding of New China,before the promulgation of Civil Code and after the promulgation of Civil Code,the advantages and disadvantages of this system are analyzed in more detail.The main points of this chapter are as follows: 1.There are provisions on compensation for mental damage in the Draft Civil Law of Qing Dynasty and the Draft Civil Law before the founding of New China,and the General Principles of Civil Law and Tort Liability Law after the founding of New China.2.There are important changes in the provisions of the Civil Code of China on this system.3.The main problems left by the corresponding laws in China include that the compensation for mental damage caused by infringement of property rights is not fully affirmed,and the relevant legislation on compensation for mental damage caused by breach of contract needs to be further supplemented and improved.The fourth chapter is to think about the first three chapters as a whole,and find out the problems faced by the scope of application of compensation for mental damage in China.In view of these problems and shortcomings,some suggestions for improvement and revision are given.The main viewpoints of this chapter are as follows: 1.For the infringement of property rights,it should be recognized that compensation for mental damage can be made and enforced.For the infringement of property rights,compensation for mental damage must also follow three main principles: punishment,consolation and admonition.2.In case of breach of contract,compensation for mental damage needs to be established and can be implemented.This paper analyzes the compensation system for mental damage in the Civil Code,and agrees with the current compensation system,but it should be refined again to avoid disputes in practice.