On The Compensation For Mental Damage Caused By Personal Objects

With the continuous development of society,people pay more attention to their own spiritual feelings,and integrate self emotion,dignity and personality into property,which leads to the cases of spiritual damage compensation for personal property.However,due to the imperfection of the relevant legislation of compensation for moral damage of human,moral and material in China,it leads to many problems in judicial practice.This paper makes a summary of these problems,and puts forward some suggestions to improve the compensation system for moral damage of people and objects in China from the actual situation of our country.This paper is divided into five parts:The first part: this part first expounds the concept and characteristics of human style and object,and simply combs the logical relationship between similar concepts.Then it analyzes the typical cases in China's judicial practice,and summarizes the problems existing in the application of China's moral damage compensation system.The second part: firstly,by analyzing the controversial issues existing in the identification of personality objects,it recognizes that pets and frozen embryos have the legal status of human personality objects.Then,I put forward my own opinions on the identification of human beings and objects,that is,comprehensively judge whether a thing can belong to the category of human beings and objects from the subjective and objective aspects,and classify the common human beings and objects in order to be known by the public.The third part: firstly,it analyzes the legislation of moral damage compensation for personal property infringement,and puts forward the problems existing in the legislation,that is,there is a lack of reference standard for the identification of "serious mental damage" and a lack of rigor for the provisions of the perpetrator's subjective fault.Then it puts forward some suggestions to improve the relevant legislation,that is,reasonably determine the degree of spiritual damage caused by the infringement of personal property,and bring "general fault" into the actor's subjective fault form.The fourth part: firstly,it analyzes the realization dilemma of compensation for moral damage caused by breach of contract,that is,the lack of relevant legal provisions and the limitation of the principle of predictability.Then it puts forward corresponding suggestions on the construction of spiritual damage compensation system for breach of contract of human and material objects in China.The fifth part: this part mainly discusses the establishment of the standard of compensation for mental damage of personality objects.In addition to the general reference standard,due to the particularity of personality objects,special attention should be paid to the special elements of personality objects,that is,the content of personality interests.