| 1900 BGB enacted the system of compensation for non-pecuniary damage for the first time. Since more than 100 years, along with the social development and the rise of consciousness of the human rights ,the system of compensation for non-pecuniary damages have got the extensive use in the countries of written laws and case laws. Extending right of claim of the system of compensation for non-pecuniary damage, further protecting rights of personality and interests, defending the value and dignity of persons, are one of the trends of development of the modem civil law.Though the articles and papers of research on the system of compensation for non-pecuniary damages are innumerable, theoretically there are some disputes on what are the system of compensation for non-pecuniary damage, the relation of non-pecuniary damage and mental injury, the foundations of compensation non-pecuniary damage, the scope of compensation for non-pecuniary damage problems etc. Theoretically different opinions on the system of compensation for non-pecuniary damage cause people wrong understandings about it ,restrain the original functions and action of the system of compensation for non-pecuniary damage. The writer intends to use the concept of non-pecuniary damage as basis of this paper ,explores the foundation and values of compensation for non-pecuniary damage. Then according to the values of compensation for non-pecuniary damage, the writer inquires into the primary dispute problems on the concrete scope of compensation for non-pecuniary damage, and try to make personal evaluation for our country of the current system of compensation for non-pecuniary damage. The full paper is divided into three parts totally, about 40000 words.The first part is about self-examination for the concept of non-pecuniary damage. As a kind of form of damage, non-pecuniary damage developed accompanying with the protection toward rights of personality of civil subject in the modern civil law and expansion of the scope of the concept of damage. Non-pecuniary damage is a kind of form of damage that have no the direct relation with property changes and can't take measure and calculating with money .It is a fact of law in essence.The subject of non-pecuniary damage is composed of the natural person and legal person. The former still includes the persons who has no the ability of feelings and embryo.The second part is about the foundation of the system of compensation for non-pecuniary damage. When the distributive justice is disrupted , the system of compensation for non-pecuniary damage is required by the corrective justice to perform functions. Which non-pecuniary damages can be indemnified depends on the values of the system of compensation for non-pecuniary damage and derives from the degree of social economic development. Totally, there is a trend that the scope of indemnified non-pecuniary damages have gradually expanded.The third part is about the scope of compensation for non-pecuniary damage. Along with social advance, the scope of compensation for non-pecuniary damage has gradually transferred from the concrete rights of personality to the general rights of personality. That non-pecuniary damage is indemnified in liability for tort have already enough to reflect the values of the system of compensation for non-pecuniary damage. It is not indispensable that non-pecuniary damage produced by breach of contract and the signing contract is brought into the liability for breach of contract and signing contract. |
