生命健康权与精神损害赔偿

Life and Health Right and Spiritual Harm Compensation

生命健康权是宪法赋予公民的一项基本权利，但对侵犯公民生命健康权精神损害赔偿，我国民法通则没有规定。应在立法上明确侵犯公民生命健康权的精神损害赔偿制度，并从法官自由裁量权原则和适当限制原则两方面来正确行使。

Life and health right is one of the basic human rights endowed by the constitution. Yet, up till now, there hasn't been a rule in our civil law which provides compensation for spiritual harm when citizens' life and health right is violated. This paper, based on a thorough investigation of legislation at home and abroad, proposes that spiritual compensation for the violation of life and health right should be established by law, and that a combination of two principles-free consideration of judges as well as appropriate compensation restraints-should be taken into account in older to use this rule correctly.