Minors have the right to privacy. According to Chinese laws, natural persons have the right to privacy, and there is no age limit for natural persons here. No organization or individual may infringe upon the privacy rights of others by spying, harassing, exposing or making public. If the infringement on the personal rights and interests of a natural person causes serious mental damage, the infringed person has the right to claim compensation for mental damage.
Can minors become the subject of compensation for mental damage that infringes on the right to life and health?
Adults, as the right subject of mental damage compensation, are easy to understand. When minors are seriously injured, especially when they are physically disabled, disfigured or lose some physiological functions, although their consciousness is low and they have no mental pain for the time being, mental damage caused by the injury will inevitably occur with their age. For example, a hospital mistakenly removed a six-year-old girl's uterus when she had her appendix removed. The girl didn't show much mental pain at that time, but with her growth, the consequences of this kind of injury will have a great impact on her love and marriage, so the mental pain will be huge, even lifelong. Therefore, when minors' right to physical health is seriously infringed, although the injury did not cause serious mental damage to them at that time, this damage will inevitably occur with the passage of time. Therefore, minors should also be the right subject of mental damage compensation.
First, whether the spiritual consolation money in the tort liability of civil code has legal effect.
Tort liability has spiritual consolation money. If the infringement on the personal rights and interests of a natural person causes serious mental damage, the infringed person has the right to claim compensation for mental damage. If serious mental damage is caused to a specific object with personal significance of a natural person due to intentional or gross negligence, the infringed person has the right to claim compensation for mental damage. Therefore, tort liability has spiritual consolation money. Article 1 183 of the Civil Code: If compensation for mental damage infringes on the personal rights and interests of natural persons and causes serious mental damage, the infringed person has the right to claim compensation for mental damage. If serious mental damage is caused to a specific object with personal significance of a natural person due to intentional or gross negligence, the infringed person has the right to claim compensation for mental damage.
Second, what are the cases of infringement of the right to name and compensation for losses?
Infringement of the right to name, compensation for losses includes compensation for mental damage. If the infringement on the personal rights and interests of a natural person causes serious mental damage, the infringed person has the right to claim compensation for mental damage. If serious mental damage is caused to a specific object with personal significance of a natural person due to intentional or gross negligence, the infringed person has the right to claim compensation for mental damage.
3. Are there any legal provisions for investigating personal information?
It is illegal to investigate personal information, which may cause serious consequences and may constitute a crime. Citizens enjoy the right to privacy, and no person or organization may infringe upon their right to privacy. The right to privacy refers to a kind of personality right that natural persons enjoy the peace of private life, and the privacy of private information is protected according to law, so as not to be illegally harassed, informed, collected, used and made public by others.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 1032 of the Civil Code
Natural persons have the right to privacy. No organization or individual may infringe upon the privacy rights of others by spying, harassing, exposing or making public.
Article 1033 of the Civil Code
Unless otherwise provided by law or expressly agreed by the obligee, no organization or individual may commit the following acts:
(a) by telephone, SMS, instant messaging tools, e-mail, leaflets, etc. Disturb the private life of others;
(2) Entering, taking photos or peeping into other people's private spaces such as houses and hotel rooms;
(3) Shooting, peeping, eavesdropping or revealing other people's private activities;
(4) Shooting or peeping at the private parts of others' bodies;
(5) handling other people's private information;
(6) Infringe upon the privacy of others in other ways.