Discussion Of The Compensation For Legal Person’s Mental Damage

Since the promulgation and implementation of the "tort liability law of the People’s Republic of China", the issue of compensation for mental injury received widespread attention. However, the problem of research focus more inclined to a natural person. The legal person’s mental injury problems do not get enough attention and there is still someone holding the views that legal persons do not have mental injury problems. There have been positive provisions in" The general principles of the civil law of the People’s Republic of China" and its judicial interpretation. According to these provisions, many precedents supporting legal person’s compensation for mental injury have been produced. However,"the supreme people’s court on some issues of reputation case solved" and "the explanation of some issues of the supreme people’s court on civil tort liability of compensation for mental injury" changed the provisions. According to these provisions, many precedents negating legal person’s compensation for mental injury have been produced.To research the issue of legal person’s compensation for mental injury, it is necessary to grasp the essence of legal person and to define the connotation of the legal person "mental injury" accurately. Grasping the essence of legal person accurately helps us clear legal value of civil main body status and the boundary of the legal capacity for civil rights, so we can study the issue of legal person’s compensation for mental injury in the right starting point. Defining the connotation of the legal person "mental injury" accurately helps us widen our vision.The issue of legal person’s compensation for mental injury is a common problem all over the world, not the original civil legal system in China. It is helpful to Learn attitudes and practices on the issue from the world’s major countries. The battle over the theory of the theoretical circle is very necessary, because it helps us find out the reasonable and unreasonable places and make the right decision.In today’s society, the importance and necessity of legal persons have been very clear. The comprehensive protection of legal person’s rights is on the agenda. It is the trend of the times to support legal person’s compensation for mental injury. In my opinion, we must follow the world trend.