精神损害的发生机理及表现形式探析

On the Occurred Mechanism and Manifestations of Mental Injury

“精神痛苦”的表述不利于审判文书的规范化。精神损害的实质是精神利益损害。加害行为作用于受害人的各种精神利益导致多样性的损害后果;精神损害的最终表现形式始终体现在主现和客观两个方面,对损害后果的判定主要以客观方面为依据。

The article had the opinion that, in the written judgement, expressing all consequences of mental injury by only the word' mental agony' is bad to its standardization. The essence of mental injury is the injury of mental interests. The consequences is diversified when or after a tort is put on one' s varied mental interests. The final manifestations of mental injury always is to be embodied in both ways of subjectivity and objectivity. The consequence is mainly judged from the objectivity of the issue.