Study On The Tort Liability Of Personhood Property

Personhood Property questions rise by the Property and Personhood theory in foreign countries, obtain substantial development in our country, and establish the concept of Personhood Property. Personhood Property is lack of clear defined in our Tort Liability Law, it leads to many questions in the judicial practice. As the violation target,Personhood Property has a dual legal attribute, so we need to take the combination of subjective and objective standard to identify the Personhood Property. At the same time,we need to take into account limiting factors for its identification. In the constitute of Tort Liability about Personhood Property, our country should to adopt the principle of fault liability, and investigate the liability components from the Personhood Property as the object of infringement in the illegal behavior, mental jury as the main damage, and establish the basic of the requesting right from the polymeric about the personality right of claim and the real right of claim. On the basis of the liability components, the methods of bearing liability about Personhood Property presents a diversity, and follows some rules in the application. As the main form in the methods of bearing liability, our country affirm to apply the compensation for spiritual damages, under the conflict rules in the legislation of our country, author adhere to expand the interpretation of the personal rights as a solution,meanwhile author propose some suggestions to standard the application about the compensation for spiritual damages about Personhood Property, such as control the discretion of the judge, limit the amount of the compensation, bring into the predictable rule.