人身损害赔偿诉讼中的享乐损害赔偿

Hedonic Damages in Lawsuit of Compensation for Personal Injury

我国现行侵权法尚未规定对"享乐损害"可以要求赔偿,但司法实践中已经有相关纠纷出现并诉诸人民法院。随着我国全面依法治国的不断推进,切实保护公民权益和维护社会公平正义将成为现实命题,借鉴国外先进的侵权法制度,将"享乐损害"纳入诉讼事由势在必行。目前不赞成这一做法的学者在其所持理由方面存在诸多缺陷,不足以构成阻碍这一法治进步措施的充分理由。

In China, that hedonic damages can claim for compensation has not yet been regulated in the current Tort Law, but related disputes occur in the judicial practice and are appealed to the people ＇s court.Along with the strategy advancement of governing the country according to the law in an all-round way in our country, effectively protecting the civil rights and safeguard social fairness and justice will become a realistic proposition, and it is imperative to learn from the advanced foreign tort law system, taking the hedonic damages into the cause of action. The scholars not in favor of it have not the capabilities to impede its progress.