纯粹精神损害赔偿制度及其借鉴-pure spiritual damage compensation system and its reference.docxVIP

AbstractSince the enlightenment in the 18th century, increasing attention has been paid by the society to individual independence, equality and human rights which are the manifestation as well as the necessity of social improvement. And the “emotional distress”, as a kind of methods of rights protection, has gradually gained recognition and support from international community. Confined to various social backgrounds, legal and cultural differences and other factors, the establishment of the system of damages for purely emotional distress varies from country to country, and different problems are confronted with. For our legal scholars, the concept of purely emotional distress is a relatively unacquainted, and our study is still in its initial stage. Along with the he gradual development of our social cognitive theory and the legal theory, we will be confronted with such problems that Anglo-American countries have faced with. Accordingly, it is of vital importance for China to reasonably learn the experience concerning about the system of purely emotional distress of these countries.This paper, starting with introducing theoretical study about the system of damages for purely emotional distress, strives to analyze its development history and make a distinction between relevant concepts, and then presents my understanding about the status and the future study about China’s system of emotional distress. This paper is divided into four parts; in the first part, the necessity of the establishment of this system in China will be discussed in detail and deficiency of our system of damages for emotional distress will be recognized on the basis of introducing and defining the concept of damages for purely emotional distress.In the second, further theoretic exploration about the confirmation of the liability will be concentrated on as the confirmation of liability is the basis and the key to our success in establishing the system of damages for purely emotional distress.The t