Research on the System of Compensation for Mental Damages

Author: Hu Ping
Publisher:
Publish Date: 2004-02-01
Features: The system of compensation for mental damages is an important component of modern civil law damage compensation systems. This paper attempts to explore some issues related to compensation for mental damages. Chapter 1 is an introduction to the system of compensation for mental damages. This chapter discusses and explains the theoretical basis for compensation for mental damages through the debate between two schools of thought—those opposing and those supporting it—highlighting that compensation for mental damages serves to compensate and console victims, as well as punish wrongdoers. Chapter 2 is on mental damages. This chapter discusses the differences and similarities between the concepts of "damage" and "loss," and explores three theories regarding the concept of damage. Chapter 3 is on the basis of liability for compensation for mental damages. This chapter discusses the historical evolution of the principle of fault liability and the process of the emergence, formation, and establishment of the system of compensation for mental damages, explaining the theoretical basis for the principle of fault liability as the fundamental basis for attributing liability for mental damages and the limitations of applying the "presumption of fault rule" in cases of compensation for mental damages. Chapter 4 is on the scope of compensation for mental damages. This chapter discusses the basic theories for determining the scope of compensation for mental damages and explores several theories regarding how to determine the scope. Chapter 5 is on special issues in compensation for mental damages. This chapter focuses on the issues of compensation for mental damages for legal persons, individuals incapable of experiencing pain, deceased persons, and fetuses. Chapter 6 is on the calculation of compensation for mental damages. This chapter examines the characteristics of calculating compensation for mental damages, the methods for calculating it, and the standards for time and location in the calculation. Chapter 7 is on the reduction of compensation for mental damages. This chapter explores the significance, theoretical basis, and historical evolution of the principle of contributory negligence; the scope of application and necessary conditions for its use; and discusses the effects of contributory negligence and its relationship with the rule of mitigation of damages.