On the Compensation for Mental Damage Due to Death by Infringement-福利档文献求助平台-微信17610240716.pdf

Chapter 17 On the Compensation for Mental Damage Due to Death by Infringement 17.1 Introduction In the case where the death is caused by injurious action or quasi-tort (hereafter referred to as case of death by infringement), it is an array of issues far from being resolved on paper and in legislative or judicial practice in terms of whether the victim can claim compensation for infliction of mental damage, in which types of cases of death by infringement who can claim the compensation, what are the compensation standards and how is the distribution of compensation once one manages to obtain it. 17.2 Review on the Current Provisions 17.2.1 From the General Principles of Civil Law to the Judicial Interpretation [2001] No. 7 The Relevant Provisions in the General Principles of Civil Law and Relevant Judicial Interpretation Article 98 of the General Principles of Civil Law of the People ’s Republic of China stipulates that “Citizens shall enjoy the rights of life and health.” Article 119 stipulates that “Anyone who infringes upon a citizen s person and causes him Physical injury shall pay his medical expenses and his loss in income due to missed working time and shall pay him living subsidies if he is disabled; if the victim dies, the infringe shall also pay the funeral expenses, the necessary living expenses of the deceased s dependents and other such expenses.” We cannot make a conclusion that the General Principles of Civil Law has established the compensation system for mental damage due to death by infringement. Moreover, the Several Issues of the © Springer Nature Singapore Pte Ltd. 2018 439 X. B. Zhang, Legislation of Tort Liability Law in China, /10.1007/978-981-10-6961-1_17 440 17 On the Compensation for Mental Damage Due to Death … Supre