A Discussion On The Compensation For The Moral Injury

The moral injury,a kind of non- material damage,is the psychological damnification that results from the infringer trespasses the victim, s personal right and personality right.The final form is the reduction and damage of moral suffering and moral interest.The moral injury compensation is material compensation that the infringer should pay the victim because of the moral injury to the later.Chinese Civil Law Legislation world has changed their attitude from negative to positive for whether the moral injury should be compensated.How to determine the amount of the conpensation is a realistic problem which needs to be solved in the juridical practice.The responsibility of the moral injury compensation consists of four factors:the tort,the injury fact,the causality between the tort and the fact and the infringer' s subjective trespass.The natural person enjoy the right of request for moral injury because of the damage of personal right.The topic,how to determine the subject position of the artificial person,the vegetable person and the disable person is discussed in this paper theoretically.It is a big problem in the executive would to determine the amount of the compensation,because the moral injury is imperceptible and immeasurable.Though there is no equivalent relation between the injury and the compensation,the function of soothing and punishment of the compensation cannot be denied,and it is an effective means of almsgiving.At present,the compensation amount in China is too low.And it should beincreased.Besides,it is not suitable to have the uppermost limit of the compensation,because the society develops so quickly .The amount of the compensation depends on the free measurement of the judge according to the normal criterion and the defails of the case.Both the practical demands of perfecting the moral injury system and the theory of realizing the equality in the subject position demand that state compensation should include the moral injury compensation.On the view of the whole world,it is a common method to compensate for the moral injury because of state tort.This paper emphatically discuss the necessity and reality of buiding and perfecting the moral injury compensation by state tort.