关于精神损害赔偿制度的思考

Thoughts on the System of Compensation for Spiritual Hurt according to Laws

目前,在我国的法律和司法解释中已初步建立了精神损害赔偿制度,但法律对精神损害赔偿的适用范围、赔偿标准等问题还缺少统一的规定,法律与现实相比明显滞后。要进一步健全和完善精神损害赔偿制度,就需要对"精神损害"进行科学界定,精神损害赔偿适用范围和主体要拓宽,赔偿标准要法定化。

Nowadays the system of compensation for spiritual hurt has been established in our laws and judicatory explanation. But we still lack the consolidated regulations on such problems as the appropriate scope of the compensation, the standard of the compensation, and so on. Compared with reality, laws have obviously dropped behind. In order to complete and perfect the system of compensation for spiritual hurt, the'spiritual hurt' should be defined scientifically, and the appropriate scope and the subject of the compensation should be broadened, in the meanwhile the standard of the compensation should be regulated with law as well.