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Research on the Compensation for Spiritual Damage of Indirect Victim

Author: WangGuangLiang
Tutor: PuLi
School: Huazhong University of Science and Technology
Course: Civil and Commercial Law
Keywords: Indirect victim Spiritual damage Compensation for damage
CLC: D923
Type: Master's thesis
Year: 2013
Downloads: 9
Quote: 0
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Abstract


Along with the social progress and development, the protection of human rights isalso more and more to break through the region and space constraints, more than in thelegal protection of property and personal safety, has played a major role, but also moreand more attention to the spiritual dimension of the protection, the spirit damagecompensate system came into being。Along with the constant development of civil law,the mental damage compensation system has become the research focus of civil law, thedirect victim compensation for damage and compensation for mental damage and its closerelatives, the study had certain development, but the indirect victim compensation forspiritual damage research is insufficient to use in practice, so indirect victims of spiritualdamage the system of compensation for mental damage compensation system is theresearch focus of the key, many domestic and foreign scholars to participate in theacceptance of harm damages on, after many years of research, on receiving harm spiritualdamage compensation system has also made significant breakthrough, each country alsohad indirect victim compensation for spiritual damage research as tort law research focus。Although our country has attached great importance to the study on the compensation forspiritual damage indirect victims, but due to many of our legal system is not perfect, andthe theoretical research level limit and inherent in our legal system environment, theindirect victims compensation for spiritual damage research is far behind other countries,mainly in the many concepts the confusion is not a and the academic on many difficultdispute, so that current earnestly needs to solve the above problems, so as to better theindirect victims compensation for spiritual damage study。This article is divided into four chapters:The first chapter mainly elaborated the indirect victims spirit damages system basedtheory.First from the concept of indirect victim compensation for spiritual damageanalysis comparison, obtains the general sense of the indirect victim compensation forspiritual damage definition, Europe and the United States from third person perspective ofbody defined, see or hear damage occurred, resulting in mental anguish, as long as the acertain extent, can be indirectly injured person the spirit damage compensate request right subject, however at present in our country, the right to request the main or stay in anddirect victim have an intimate relationship with the third.The second is analyzed byindirect victims spirit damages the legal nature and its theoretical foundation, from theperspective of fairness and justice, but also to protect the indirect victim’s legitimate rightsand interests, increase the indirect victim compensation for spiritual damage protection.The second chapter mainly elaborated the indirect victims damages the spirit of theconstitution, mainly from the damage fact, causality, subjective fault, illegal behavior, thefour aspects of the indirect victim compensation for spiritual damage constitutiverequirements analysis.The general sense of the tort compensation elements also includedamage fact, causality, subjective fault, illegal behavior, of course, indirect victimsdamages the spirit of the constitution is to be on this foundation, but have their ownparticularity.This section is mainly in the general tort compensation conditions basiselaborated indirect victims damages the spirit of the constitution is different from thegeneral sense of constitutive requirements, specific analysis of its specificity.The third chapter mainly analyzes indirect victims the spirit damage compensaterequest scope of the right type, indirect victims of spiritual damage is present in a varietyof infringement cases, for in these types of cases, which indirectly injured person can havethe right to put forward the spirit damage compensate request, i.e. who qualify as indirectvictims the spirit damage compensate request right subject。The fourth chapter has analyzed our country indirect victims of spiritual damagecompensation system and the lack of perfect, although the mental damage compensationsystem in our country gradually improved, but because of the rule of law in China startedrelatively late, in the civil law system construction is still relatively lag behind othercountries, for the spiritual damage compensation system in our country still have a lot ofdeficiencies urgently need to improve.Indirect victims of spiritual damage compensationsystem of spiritual damage compensation system as a part, and of course there are manyshortcomings, it needs further improvement。

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