The Problems Of Our Moral Damage Compensation System And Perfect

With the development of people's living and legal consciousness, the mental damage compensation is also become an important relief system of modern civil law, more and more be attention by people. While relevant laws and judicial interpretation made certain provisions on the mental damage compensation, but there are still some shortages. This paper made an attempt research on the mental damage compensation from several angles.Firstly, the author made a conspectus of mental damage compensation. This chapter expounds the concept of mental damage compensation, and further analyzes the function of mental damage compensation, and imputation principle, namely no-fault liability principle, the past liability principle and fairness.Secondly, the author discussed some flaws our existing spiritual damage compensation system. Scope of our spiritual damage compensation need to be extended, which be reflected on subject area and object are too narrow. In addition, China has not established mental damage compensation in criminal and attached civil. And spiritual damage compensation's standard also not unity in the judicial practice.Lastly, the author proposed the measures to the defects which are noted on the third part. Basically contain: broad the scope of legal subject; admit entity also enjoy mental damage compensation claim; To further expand object scope, such as chastity right, the right to rest, labor right, intellectual property rights; eatable the mental damage compensation in criminal and attached civil; Unify compensation standard, etc.