Research On The Application Of Law Of Compensation For Personal Property Damage

Since 1986,when China first established the compensation system for mental damage in the General Principles of The Civil Law of The People’s Republic of China,until 2020,when the Civil Code made specific provisions on the property with personal interests,the system of personal property has been developing continuously in China.However,the lack of explicit stipulation in China’s laws and regulations leads to many difficult problems in judicial practice.This paper summarizes these problems,as well as refers to the relevant foreign legislation,put forward the suggestion of perfecting the compensation system for personal injury in our country.In addition to the introduction part,the text is divided into six parts.The first part is the introduction,mainly introduces the research background and significance of this paper,research ideas and methods,content and innovation points,mainly at home and abroad research literature review.The second chapter,which starts from the first proposal of personality objects,analyzes the concept and characteristics of personality objects from personality property,and concludes that personality objects need to meet the three evaluation criteria of having personality interests,irreplaceable and independent value.Because not all the damage will cause people’s spiritual damage,and not all the damage can reach the limit of compensation,here we should find the relationship between the damage of personality and spiritual damage compensation.The third chapter points out the shortcomings of the compensation system in China,including the ambiguity of the scope of the subject of the personality object,the vagueness of the scope of the personality object itself,and the irrationality of the current compensation standard.This paper also explores the concurrence of personality property damage and breach of contract,and thinks that there is still insufficient research on this aspect in our country at present.It is not only the aspect of personality property,but also the aspect of tort and breach of contract,which is an unsolved problem.The fourth chapter puts forward solutions to the problem of the scope of personality objects in the third chapter.Legal persons and organizations are also included in the scope of personality objects.For personality objects,we usually think of movable property with property value,but this concept scope does not meet the needs of real life.According to the actual demand,we should include the personality,immovable property,ethical property and virtual property into the scope of personality.Determining the scope of compensation system for personal material damage in China can not only realize the dual protection of personal interests and property interests in personal material,but also limit the discretion of judges.The fifth chapter is the concrete application of the system of compensation for damage to personality.This paper mainly expounds the principle of attribution and constitutive elements of the system of compensation for personal property damage in our country,the elements of the system of compensation for personal property damage should be combined with legal interests of personality on the basis of the general tort liability system,and answers the problem that the compensation standard for personal property is unreasonable in Chapter 3.Finally,to establish a standard of compensation for mental damage that can be referred to,the following factors need to be taken into account:whether the infringer is at fault,the means and occasions when the infringer infringes the object of the infringer,and the ability of the infringer to bear the liability for damages.In addition to the general factors related to the provisions of judicial interpretation,the establishment of the compensation standard for the spiritual damage of personality objects should also consider the special factors related to the property of personality objects.In addition,we can also refer to the existing compensation standards of foreign damages,so as to standardize the application of compensation for the spiritual damage of personality objects.In the third chapter,the author holds a positive attitude towards the compensation for breach of contract and personal property damage,and thinks that the tort liability law can be combined with the contract law,and the contract breach can also compensate the obligee for the spiritual damage caused by the personal property damage.Chapter six is the conclusion and prospect.In order to establish a compensation system for the damage of a complete personality object,it is necessary to start with the personality object itself,determine its scope and the scope of the subject,and then give a reasonable limit for the damage compensation from the source.Protecting not only the general personality objects in the minds of the people,but also the personality objects without property value,immovable property,virtual objects,ethical objects,etc.After the definition of the personality object and its related scope,the relationship between the personality object damage and compensation,especially the compensation for mental damage,should be found.In this way,a standard of the degree of mental damage caused by the personality object damage should be established and the judge should reasonably exercise the discretion.Therefore,the system of damages for personal injury can be established.