民事侵权精神损害赔偿论略-法律专业毕业论文.docxVIP

II II Abstract People are giving more attention to the self-protection of their spiritual interest, their own values, dignities and pursuit of security, with the presentation of the idea of“Natural Rights”and the gradual development of the concept of modern human rights, the increase of social civilization degree and the promotion of legal sense. Thus the issue of spiritual loss compensation is drawing more and more focus of the society. However, the demarcation of the sphere of application still gives rise to controversy as to whether the infringer is liable to assume the responsibility and whether the infringed enjoys the right of claim.Therefore, in studying and setting up a scientific spiritual compensation system , the demarcation of the sphere of application cann’t be ignored, which constitutes the premise and foundation of the system. It is true that we have had some relative regulations in the past decades, but as a whole, it is imperfect. As a brand new institution of the civil law, it remains to be the hotspot and focus of both the civil theoretical circles and the legal practice circles, with no concensus to many issues. This leads to some big difference in the compensation amount by the trial of first instance and second instance based on the same facts, in the same district to the same case. And more often, the requests of the infringed may be rejected and no remedy is available for the absence of express statutory provision, so the legislation must be perfected to deal with these issues in the orbit of the legalization. This paper means to present some legislation suggestions based on the review of the present legislation defects and the plight in legal practice, drawing lessons from the relative legal provisions from home and abroad. Key words： civil tort spiritual damage spiritual damag compensation III III 目 录 引 言 1 第 1 章 精神予以物质化赔偿的法律悖论与难题 2 1.1 精神损害及其赔偿 2 1.1.1 精神损害 2 1.1.2 精神损害赔偿 2 1.2 精神损害与物质赔偿的悖论 4 1.3 民事侵权精神损害赔偿法律规范悖论下的难题