| This paper is based on the fundamental theories of the civil law and the current laws and regulations, defines spiritual damages as doing damage to the spiritual activity of the citizen and legal person, points out the intension of the compensation for spiritual damages for conciliating the spiritual agony suffered by victims and compensating the impairment of spiritual interests by means of material. The author thinks that compensation for spiritual damages concurrently has triple function that is compensation, conciliation and punishment. Through studying the theory and practice of compensation for spiritual damages of the two legal systems in the world, the author expounds the progress in the system of compensation for spiritual damages that our country and the existing problems in it, propose the legislation thinking that solves the conflicts and defects, and point out emphatically that our legal system should expand the range of compensation for spiritual damages. Finally, the author puts forward the idea of deciding the amount of the damages scientifically in the judicial practice. |
