论法人人格权之精神损害赔偿请求权法律专业论文.docxVIP

PAGE PAGE 3 Abstract At present, although the existence of personality right of legal persons has been admitted in the legislation and judicial practice in China, the way and the range of the violated personality rights of legal persons in seeking the relief by public force is limited. When personality right of legal rights suffers violation, which led to the damage of the right of reputation and credit, and which cannot be used to measure and compensate by the property, whether the mental damage claims can be commenced, the attitude of legislative circle do not clearly stipulate, and the judicial circle is not determined and admissible. In academic circles there are different views and divergent public opinions. This leads to the legal persons as a civil subject in our country, lacking the full public relief when its personality right is damaged in the social practice. Therefore, in order to better protect the personality interests of legal persons, the legislation should not only makes up the property damage, but also fully consider the intangible property damage, including the mental damage. Whether or not the legal persons can request compensations of the mental damage, the focus and prerequisite is to analyze the problems of ―what is the mental damage‖ and ―whether the mental interests to legal persons exists‖. The key is to analyze whether the basis and necessity of the compensation for mental damage of personality right of legal persons should be protected. This paper analyses respectively from the angles of the definition, theory of inquiry, three bases to demonstrate. The first part is an overview of the claims of the compensation for mental damage of personality rights of legal persons, namely, defining the connotation and denotation of legal persons, personality right and the mental damage, which fundamentally protects the qualification to claim compensation for mental damage of personality right violated of legal persons. In perspectives of legal poli