Research On Compensation For Mental Damages Against Personhood Property

Personhood property is the product of the fusion of people and things,and their emergence provides a new thinking direction for the theory of the absolute dichotomy of people and things,and also puts forward new problems for judicial practice in the era of the Civil Code.Article 1183 of the civil code to “personal specific”refers to personhood property,the title better reflects the close relationship between the obligee and specific objects.According to different classification standards,the typical form of human lattice can be simply divided into “personhood property related to individual”,“personhood property related to family”,“personhood property related to body”,and the new human lattice in the first type of human objects is virtual human objects.As the object of infringement,personality objects need to be judged by time factors,the source of things,the degree of cherishing,the use of things and the value connotation of things.In a personality infringement case,determine the basis of the claim that aggregates the personality right claim and the property right claim,adopt the principle of fault,examine the infringer’s tortious acts and breach of contract,and take moral damage as the main damage result to determine the infringer’s liability for moral damages,and apply different modes of liability according to different infringement acts,of which moral damage compensation and apology are the main methods of bearing.In addition,the current regulations do not stipulate the standard and amount of compensation for mental damage.Moreover,in order to avoid relying too much on the discretion of judges,it is necessary to standardize the application of compensation for mental damage to personality by drawing lessons from foreign regulations and introducing medical technology.