A Study On Chinese Rules Of Spiritual Injuries Compensation In Traffic Accidents

Since the policy of reform and opening up has been implemented in china,we has achieved rapid economic and social development,people's material and cultural living standards have been raised a lot.Laws and rights become the buzzwords of the times,this trend can be described as' the rights of the times',and it is also' the legal struggle of the times".Therefore,it is imperative that we should promote spiritual damages compensation to the high degree of the law, and formulate an effective laws and regulations.Nowadays,Chinese law on spiritual damages to traffic victims has quite a lot of defects,such as the lagging behind of legislative and law enforcement ideas,the confusion of attribution principles and uncertainties in standards of damages.Therefore it is necessary to establish the modern system of spiritual damages for traffic victims so as to meet the demand of modern times.Up to now,monetary damages for spiritual injury have been accepted as a general practice by most jurisdictions.But the immaterial character of spiritual injury has made it difficult to be evaluated and calculated.In addition there are no unified standards.That's one of the biggest headaches in Chinese civil law as well.The damages to spiritual injuries system should be constructed as follows:to establish the system of the non-fault the main one and the counter-off of faults the minor one;to set up the unification of standards of damages to spiritual injuries system,and too establish the restrictions and immunities of such damages.