我国精神损害赔偿标准分析

Analysis on Compensation Standard to Mental Injury

关于精神损害赔偿尽管有最高人民法院的司法解释作指导,但理论界的争论仍然大量存在,在司法实践中仍然主要凭借法官的自由裁量断案,这与当前我国的法制发展要求显然不符。为此,必须从我国国情出发,制定相应的参照标准,同时发挥法官的自由裁量权。

In theory, the much controversy was existed about the compensation system to mental injury, although the judicature explainer of it has been issued by the supreme court of the People＇s Republic of China. Actually, the case was free judged by judge mostly in judicature practice. It was not consistent to the legal system advance of our country. It is a new law system studied in recent years. The relative consult standard of it must be constituted and the subjective judgment of judge was combined at the same time.