损害特定纪念品给予精神损害赔偿制度研究（Study on the system of compensation for mental damage caused by specific souvenirs）.docVIP

损害特定纪念品给予精神损害赔偿制度研究（Study on the system of compensation for mental damage caused by specific souvenirs） Abstract: This paper consists of two cases of property leads to the problem of mental injury compensation. According to the traditional civil law theory, which is divided into two parts of breach and infringement, the plea for a contract may not apply for compensation for spiritual damage. However, the spiritual damage caused by some breach of contract is objective and the compensation for property mental damage is not in conformity with the basic principle of civil rights relief. In 2001, the Supreme Peoples court on some issues of determining the spirit of tort liability for damages explanation the provisions of article fourth of the specific commemorative items with personality damage, the victim may request compensation for moral damages solatium. Is of great theoretical and practical significance of the judicial interpretation of the provisions, this article will further discuss specific souvenirs with the symbolic significance of personality in the judicial practice how to define and should be strictly grasp the three principles identified in the. Key words: breach of contract; infringement; spiritual damage compensation; personality symbolic significance One, led by two case Case 1: after an earthquake in Tangshan, an earthquake orphan kept a wedding anniversary picture with his parents. The orphan sent the photo to the studio to enlarge it, and the photo lost the photo studio, causing severe mental damage to the orphans. The photo studio is only responsible for the actual loss of the photos, but the compensation is only tens of dollars, which is far from enough to relieve the victims mental distress. Case two: plaintiff, Li Haijian, 9 people participated in the Heng Mountain tourism activities organized by the defendant Guangzhou tourism company. Tourism, the defendant without the attractions from 8 reduced to 3, and poor living conditions, a co ed house.