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Mental Damage Compensation System

Author: YouSuHua
Tutor: JiangYue
School: Xiamen University
Course: Civil and Commercial Law
Keywords: Mental damage Basis for compensation Legal relationship Judicial determination To determine the amount
CLC: D913
Type: Master's thesis
Year: 2001
Downloads: 310
Quote: 2
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Abstract


Mental damages involving personal rights protection is an important civil law system, which first appeared in the modern capitalist countries, and with the development of the times and development in the defense of human rights plays a pivotal role. China's \In this paper, a number of moral damage compensation system theory and judicial practice in the key and difficult problems briefly analyzed, and combined with the latest judicial interpretation of the spirit of trying to explore the theory of damages due the state and judicial practice. This chapter is divided into five chapters moral damage compensation system overview. Content Analysis involves the concept of compensation for moral damage, structural and legal nature of the analysis, and the significance of institutional and legislative history, etc. Designed to enable readers to compensation for moral damage and have a general understanding fully aware of compensation for moral damage is an important civil liability of the property has its own development process, this process reflects respect for human rights and social improvement in the level of civilization, but demonstrates moral damage compensation system implemented in our country has important practical significance. Chapter mental damages and legal basis for the theory. In theory part the author through positive and negative mental damages two opposing theoretical perspectives of assessment, compensation for moral damage theory proposed the establishment of its internal and external demand driving force uniform, mental damages itself with the social feature is its theoretical internal driving force, and achieve the goals of social justice, the balance of interests, such as cultural inheritance law is a manifestation of external demand theory. The legal basis for the first part the author analyzes the French, German, Japanese spirit damages legislative situation, put forward the \Chapter resolve mental damages legal relations subject, object and content, is the focus of this article. This chapter from the world of national legislation and jurisprudence, principles of civil law remedy of damages claimed spiritual aspects to clarify the main limited to citizens, not including legal persons. And personal rights extend protection theory deceased moral damage compensation if the legal issue, the deceased has a personality of legal interests, legal interests have been infringed can sue for compensation, the right to appeal by close relatives exercise, while close relatives constitute moral damages should also be right near Relatives moral damage compensation. Another object of mental damages for a more systematic study, elaborated on the subject matter of the scope of analysis The principle of using limited, and through study proposes typed objects should be established in order to make principled legal provisions and operation of the judicial practice of combining creative object protection systems. Mental damages of content, mainly related to the legal nature of monetary compensation, function, petitioned the principles of research related issues. Chapter mental damages judicial determination. Mental Elements of liability for damages has four aspects, namely the illegal infringement of the fact of infringement of personality rights, consequences of the damage, the fact of infringement and the causal relationship between the effects of damage, the infringer subjective fault, through the four aspects of the judicial determined based on the content of such expositions settle a lawsuit for damages for mental provide theoretical guidance. Chapter mental determination of the amount of damages. Determination of compensation is a hot and difficult problems, practice practice is not uniform. This chapter describes the principle for determining compensation for moral damage, basis, methods and standards and other issues more in-depth study and make a number of recommendations to determine compensation, to determine when to avoid arbitrariness.

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