论精神损害赔偿的价值特征

Value Characteristics of the Compensation for Mental Damages

近年来,随着理论研究水平的提高和司法实践的发展,我国逐步建立了精神损害赔偿制度,但该制度还不够成熟、不够完善,还有许多问题需要我们去研究。作者在对我国现今精神损害赔偿的范围进行分析和总结的基础上,从精神损害赔偿制度的人文内涵和价值追求的角度出发,对精神损害赔偿的抚慰性、惩罚性和警示性三个价值特征作一些有益的探讨。

In recent years, with the improvement of the level of judicial theoretical study and the development of judicial practice, our country has gradually established the system of compensation for mental impairment, but the system of its kind has not been mature and perfect at present, and there still exist many other problems that need to be studied further. Based on the analysis of the scope and summary of the compensation for mental impairment in our country of today, this article, proceeding from the humane connotation and value-seeking of the system of compensation for mental impairment, has made an exploratory study of the three value features of compensation for mental impairment: soothingness, punitiveness and admonishment.