Research on China's System of Compensation for Mental Damage

Author: Guo Weihua
Publisher:
Publish Date: 2003-11-01
Features: This book conducts an in-depth study on the system of compensation for mental damages by integrating domestic and international theories and judicial practices. First, in the section on liability determination, it defines the meaning, characteristics, and types of mental damages based on civil law theory. According to the theories of tort law in the modern civil law system and the common law system, it discusses the scope of mental damage liability and the scope of compensation for mental damages, distinguishing between the establishment of liability and its extent, and analyzes the factors defining these scopes. Additionally, it provides a detailed analysis of the scope of mental damages and the scope of compensation for mental damages in China's legal system, in line with relevant laws and regulations. Subsequently, in the section on the object of mental damage, it explores various forms of torts that give rise to liability for compensation for mental damages, such as (infringement of property rights) and (infringement of personal rights, including life, health, body, reputation, privacy, and other specific personal rights).
Next, in the section on rights relief, it analyzes the methods and content of relief for victims of mental damages by combining provisions from substantive and procedural laws. Finally, the book provides a thorough theoretical interpretation and critique of China's Supreme People's Court's Explanation on Several Issues Concerning the Determination of Compensation for Mental Damages in Civil Tort Liability Cases. This book not only provides theoretical support for judicial rulings but also offers methods for victims seeking compensation for mental damages and judicial relief. It also serves as a valuable reference for legal researchers and a good study guide for law students.