Mental Damages In The Amount Of Compensation

As people to maintain its own dignity, personal value and spiritual interests of consciousness enhancement, in recent years, the victim appeal spiritual damage compensation to maintain their own spiritual interests case more and more, but now China's relevant laws, regulations and judicial interpretations, has been difficult to meet the need of practice, affecting the judicial justice and unification. Perfect and perfect our country's spiritual damage compensation system, especially the institution of compensation for mental injury to determine the compensation amount of protection, the method of citizens' legitimate rights and safeguard judicial justice is of great significance.This article will justice practice in our country, analyzes the typical cases of theory and practice from the mental damage compensation, the concept, function and characteristics of the compensation amount, comparative research aspects of foreign countries for spiritual damage compensation principle and method to determine the amount of practice and not through regulation, and based on its relevant laws and judicial practice, and puts forward the shortage perfect our spiritual damage compensation amount of approaches and methods to determine.This paper is divided into five parts. The first part through two typical cases in question is, in case to reflect the current reality mental damage compensation system present situation and the problems involved.The second part of the institution of compensation for mental injury basic theoretical issues were introduced, including spiritual damage compensation system, including the concept and function mainly analyzed the mental damage compensation system of three different functions.The third part expounds the mental damage compensation amount of characteristic and meaning, first by and property damages to determine the amount of comparison, the mental damage compensation that determine the amount of the particularity, and further elaborates the appropriate determine spiritual damage compensation amount of important significance.The fourth part is determined and evaluation of foreign fiction mental damage compensation is investigated, first to determine foreign fiction respectively the mental damage compensation principle of provisions and the mental damage compensation method to determine the amount of the different provisions prescribed integrate classified, then the basis for comparison and analysis between them, the general character of thought we have reference.The fifth part, this paper expounds the mental damage compensation to determine the amount. Firstly, describes the present situation of the institution of compensation for mental injury, including legislation and judicial practice the status quo; Secondly, carries on the reason analysis; Finally, based on the analysis of the prior to our spiritual damage compensation is proposed to determine the amount of perfect path and methods, including establishing suitable for our spiritual damage compensation is the principle of determining and evaluation methods.