Study On The Application Of The Rules For Mental Damage Compensation Of Infringement On Specific Objects With Personal Significance

Article 1183,paragraph 2 of the Civil Code,the rules of liability for specific moral damage are perfected on the basis of Article 4 of the Judicial Interpretation of the Supreme People’s Court for compensation for moral damage.One is to use the concept of "specific object ",which is broader than the" specific commemorative object "used in the Judicial interpretation of compensation for Mental damage;the other is to emphasize subjective fault(intentional or gross negligence);and the third is to highlight the need for mental damage to meet the" severity "standard.This provision of the Civil Code is an improvement to the provisions of article 22 of the Tort Liability Act and a confirmation and improvement of the provisions of article 4 of the judicial interpretation of moral damages,It is the affirmation of our country’s judicial practice experience,which highlights the importance of personal rights and interests protection at the judicial level.It is the product of rich theory and full practice,which is of great significance to the protection of natural human rights and interests.Compared with the concept of "symbolic meaning of personality ",it is obvious that the provisions of the Civil Code expand the object scope of the application of compensation for mental damage.Based on the latest provisions of the Civil Code,this paper puts forward the concept of personal things on the basis of "specific things with personal significance ",and tries to define the connotation of personal things in combination with the relevant cases collected.Then,this paper probes into the identification standard of personal things,and types the common personal things,and analyzes and demonstrates one by one.Measurement of personal identification The first is to establish objective criteria(general criteria),that is,according to the evaluation of the general public to determine whether it has personal significance.It is embodied in whether the mental damage is objective and true,not the subjective conjecture or fiction or blind exaggeration of the parties,but also in the fact that the occurrence of the damage is the inevitable result of following the cognitive rules of the society and the objective law of the development of things.The second is to establish subjective standard(personality standard),something may not have personal significance in the eyes of ordinary people,but it has particularity to the parties.Many scholars believe that objective criteria should be used to judge first When the case is broken,the parties do not need to prove it.When the objective standard can not be applied,the parties shall bear the burden of proof,prove the personal attributes carried on the article,and prove the content that is the relevant factors to be considered in the factual judgment mentioned above.Combined with the collected cases,this paper holds that in the judicial application level,such specific objects can be divided into two categories:the first is the natural personality,in the past years of judicial practice,The court generally supports the claim of compensation for moral damage of these personalities.This kind of specific thing has the personal interest which is generally recognized by the society,so it does not need the victim to prove,as long as it meets the legal constitutive requirements.Specifically,it includes specific objects related to the deceased,such as remains,tombstones,urns,relics,etc.;specific objects related to marriage etiquette,such as videos,photographs,etc.;and proof of specific experiences,honours,etc.;and Specific objects,such as certificates of honor,medals,etc.;specific commemorative objects related to ancestors,clans,such as ancestral houses,ancestral graves,genealogy,ancestral halls,etc.The other is personality in a particular situation.Such items as pets,houses,cars and so on,because they generally do not have the appearance characteristics of personal things,so it is necessary to use subjective criteria to identify and analyze,the victim to carry out sufficient evidence,and then by the judge according to the connotation and characteristics of personal things combined with the case comprehensive judgment,in order to make a decision.Thus,the applicable rules of article 1183,paragraph 2,of the Civil Code are as follows:first,the violation is committed against a specific object of personal significance natural persons.The violation caused serious mental damage to the victim.This is the object of infringement and damage consequences.Secondly,the act of causing specific damage to personal significance is carried out by the tortfeasor,which is illegal.This is an element of tort.Then,the behavior of the perpetrator has a causal relationship with the damage caused by the specific thing of personal significance.This is the causal element of tort and damage consequences.Finally,the perpetrator was intentionally or Gross negligence,intentional or gross negligence is aimed at the subjective psychological state of damaging a particular thing,and some may also have intentional or gross negligence that causes mental damage to the infringer,but the latter is not a necessary condition.Professor Yang Lixin’s interpretation indicates that the act is not only the cause of damage,but also the cause of mental damage to the victim.Therefore,in accordance with the requirements of the above elements,the infringer not only has the right to request the infringer to bear the liability for property damage,but also has the right to claim the liability for moral damage.The latest provisions of the Civil Code not only highlight the special value and protection needs of such things,but also provide an accurate and unified legal basis for future judicial decisions,and highlight the epochal and innovative development of civil law.