摘要
随着人们对精神利益的自我保护意识不断强化,精神损害赔偿问题日益成为众人瞩目的焦点.该制度在我国尽管已日趋完善,但仍存在不尽人意之处.对在该制度理论和实务中争议颇多的适用范围、举证责任、责任适用方式、赔偿标准等问题进行分析、探讨,提出完善我国精神损害赔偿制度的建议.
In view of the fact that people come to strengthen the protective self-awareness about their spiritual benefit,the compensation for mental damage has become the public focus.The current system of compensation for mental damage has already come up to a comparatively developed stage,however,there has been some issues to be improved.Being directed against a multi-perspective analysis into controversy among theoreticians and judicial circles,particularly the applicable scope of compensation for mental damage,burden of proof,holding of the responsibility and compensation standard,some conclusions are proposed in the paper.
出处
《北京建筑工程学院学报》
2009年第1期56-59,80,共5页
Journal of Beijing Institute of Civil Engineering and Architecture
关键词
精神损害赔偿
适用范围
举证责任
赔偿标准
责任方式
compensation for mental damage
applicable scope
burden of proof
compensation standard
mode of responding
