Study On Compensation For Mental Damage Against Companion Animals

Traditional civil law theory believes that when an object is infringed,it can request restoration of its original condition or damage compensation,but damage compensation only refers to damage compensation on property,excluding non-property damage compensation,that is,moral damage compensation.With the development of society,the types of things have also diversified.The cases of personal property damage disputes in judicial practice in our country have also been increasing,including the cases in which the right owner requests compensation for mental damage due to the violation of the companion animal.These realities The increasing problems in life cannot be solved by traditional civil law theory.In the case of personal property infringement,because the right holder conferred spiritual interests and personal interests on the personal property,and contained deep feelings,if it is only to compensate the property value of the property,it is obviously impossible to soothe the mental damage of the right holder.This article takes the infringement of the companion animal of the right holder as an entry point to study the mental damage compensation system.First,it clarifies the legal positioning of the companion animal,compares different views on the legal status of the companion animal at home and abroad and the relevant legal norms on the companion.According to the regulations of animals,it is proposed that companion animals can be regarded as personalities if they meet certain conditions;secondly,this article believes that companion animals can establish their unique emotional connections with humans,so that companion animals as objects can also carry the spiritual interests and personality of right holders The interests are consistent with the legal interests protected by Article 4 of the "Opinions on Certain Issues Concerning the Determination of Liability for Compensation for Mental Damages in Civil Torts" promulgated by the Supreme Law of China,and from the perspective of legislation and judicial practice related to companion animals in various countries(regions) in the world,It is becoming a development trend to emphasize the protection of emotional and spiritual interests contained in certain specific properties.Finally,we discuss the improvement of China ’ s mental damage compensation system for companion animals at the legislative and judicial levels.Amend Article 4 of the Interpretation,at At the legal level,the Supreme People ’s Court can publish a guiding case for a violation of a companion animal ’s case first,regulate the trial of such cases by people ’s courts at all levels,and strengthen the guidance of precedents.In addition,judges should strengthen the case The fact determination and value judgment make the case judgment realize the unification of legal effect and social effect.