Citation:
Guanbin SHI. Normative Construction and Value Orientation of Mental Damage Compensation System in Civil Code[J]. Academic Monthly, 2022, 54(4): 121-130.
Normative Construction and Value Orientation of Mental Damage Compensation System in Civil Code
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Abstract
Compensation for mental damage shall not damage the personal dignity of natural persons. Conversely, it can highlight the humanistic care spirit of Civil Code. The basic function of the compensation system is to compensate and comfort the infringed. The function of mental damage compensation system essentially determines the specificity of the claim for mental damage compensation, and also determines the eligibility of the indirect infringed as an independent subject of the claim for it. While affirming that breach of contract can lead to mental damage compensation, the system clearly includes the situation of “infringing on a specific object of the personal significance of a natural person” into the scope of mental damage compensation. It highlights the characteristics of Chinese, the times and practice on the basis of foreign law. Meanwhile, it is a masterpiece of relevant civil legislation, judicial practice and theoretical research in the Pre-Civil Code era. From the perspective of the cohesion and coherence of departmental laws, the position that victims in criminal cases have no right to claim mental damage compensation has insufficient legal basis. Also, it’s against the rules of responsibility established by the Civil Code. It should be completely denied through the method of legal hermeneutics.
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[1]
Yang WANG
. The Exterior and Interior System and Stipulation Presence of Negotiorum Gestio in the Civil Code. Academic Monthly,
2020, 52(11): 108-120.
-
[2]
Chengwei LIU
. On the Introduction of Anglo-American Law and the Development of Chinese Contract Law. Academic Monthly,
2022, 54(4): 100-120.
-
[3]
Jun XUE
. Declaration of Behavior Ability in Chinese Law: Connotation of System and Reconstruction of Theory of Interpretation. Academic Monthly,
2019, 51(12): 95-105.
-
[4]
Liming WANG
. Some Issues on the Residency Right in the Chapter of Property Rights in the Civil Code. Academic Monthly,
2019, 51(7): 91-100, 148.
-
[5]
. . Academic Monthly,
2017, 49(10): 93-102.
-
[6]
. . Academic Monthly,
2017, 49(10): 103-113.
-
[7]
. . Academic Monthly,
2017, 49(12): 20-24.
-
[8]
Xiaojun CHEN
. Outline of Reformation Moment and Optimizing Route for Land Management Legality in Time of Civil Law. Academic Monthly,
2022, 54(3): 124-141.
-
[9]
,
. . Academic Monthly,
2020, 52(11): 179-184.
-
[10]
Chenjun YOU
. The Powers and Compound Functions of the Discourse Mode about Pettifoggers’ Retribution for Evildoing. Academic Monthly,
2019, 51(3): 95-108.
-
[11]
,
. . Academic Monthly,
2016, 48(08): 81-91.
-
[12]
HUANGFU Xin， CHEN Guoquan
. Self-reform Politics and Functional Separation of Power Theory. Academic Monthly,
2023, 55(9): 68-76.
-
[13]
Fuping GAO
. The Protection of Individuals with Regard to Processing of Personal Information. Academic Monthly,
2021, 53(2): 107-124.
-
[14]
Guoquan CHEN
. Economic Foundation, Government Form and Functional Separation Theory. Academic Monthly,
2020, 52(11): 66-74.
-
[15]
ZHU Yi
. Function and Space: An Analysis on the Construction of Linan Palace City during the Reign of Emperor Gaozong in southern Song Dynasty. Academic Monthly,
2023, 55(10): 168-180.
-
[16]
Qingxiong ZHANG
. The Social Function of Public Interpretation and Its Intersubjective Communication Mode with Critical Dimension. Academic Monthly,
2019, 51(11): 24-30.
-
[17]
MA Linghe
. . Academic Monthly,
2018, 50(6): 166-177.
-
[18]
Xiaojiang ZHU
. The Stylistic Features, Functions of Fictions and Their Relationship with May 4th Literary Reform. Academic Monthly,
2021, 53(3): 160-169.
-
[19]
Yuezhi XIONG
. The Function of Urban Agglomeration of Shanghai and the Founding of the Communists Party of China. Academic Monthly,
2021, 53(6): 5-18.
-
[20]
Shaohua ZHENG
, Hui WANG
. Environmental Code: Its Positioning and Codification. Academic Monthly,
2020, 52(8): 129-141.
-
-
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