the Supreme People's Court
The Supreme People's Court's Interpretation of Several Issues on Determining the Liability for Compensation for Spiritual Damage in Civil Tort
(adopted at the11meeting of the Supreme People's Court Judicial Committee on February 26th, 2006)
People's Republic of China (PRC) the Supreme People's Court Proclamation
The Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Moral Damage in Civil Tort was adopted by the the Supreme People's Court Judicial Committee at its 1 16 1 meeting on February 26th, 2006. Is hereby promulgated and shall come into force as of March 10, 2006. 200 1 Mar. 8, 2008
Fa Shi [20065438+0] No.7
In order to correctly determine the liability for compensation for mental damage in the trial of civil tort cases, according to the General Principles of the Civil Law of People's Republic of China (PRC), the General Principles of the Civil Law of People's Republic of China (PRC) and other relevant laws and regulations, combined with the experience of trial practice, the following explanations are made on relevant issues:
Article 1 If a natural person brings a lawsuit for compensation for mental damage to a people's court because of illegal infringement of the following personal rights, the people's court shall accept it according to law:
Right to life, health and body;
(two) the right to name, portrait, reputation and honor;
(3) the right to personal dignity and personal freedom.
Infringement of public interests, social morality and other personal interests, the victim to the people's court for compensation for mental damage on the grounds of infringement, the people's court shall accept it according to law.
Article 2 Where a guardian unlawfully removes the guardianship of the ward, resulting in serious damage to the parent-child relationship or the kinship between close relatives, and the guardian brings a lawsuit for compensation for mental damage to the people's court, the people's court shall accept it according to law.
Article 3 After the death of a natural person, if his close relatives suffer mental pain due to the following tort, the people's court shall accept it according to law:
(1) Infringe upon the name, portrait, reputation and honor of the deceased by insulting, slandering, belittling, vilifying or other ways that violate social public interests and social morality;
(2) Illegal disclosure or use of the privacy of the deceased, or violation of public interests and social morality in other ways;
(three) illegal use, damage to the remains and bones, or otherwise contrary to public interests and social morality.
Article 4 If a specific commemorative item with symbolic personality is permanently lost or damaged due to infringement, and the owner of the item brings a lawsuit for compensation for mental damage to the people's court on the grounds of infringement, the people's court shall accept it according to law.
Article 5 If a legal person or any other organization brings a lawsuit for compensation for mental damage to the people's court on the grounds that personal rights have been infringed, the people's court will not accept it.
Article 6 If a party fails to make a claim for compensation for mental damage in an infringement lawsuit, and after the lawsuit ends, he brings a separate lawsuit for compensation for mental damage with the same infringement fact, the people's court will not accept it.
Article 7 If a natural person dies due to tort, or his personality or remains are infringed after his death, and the spouse, parents and children of the deceased bring a lawsuit for compensation for mental damage to the people's court, his spouse, parents and children shall be listed as plaintiffs; If there is no spouse, parents or children, other close relatives may file a lawsuit and be listed as the plaintiff.
Article 8 If the infringement has caused mental damage to people, but it has not caused serious consequences, the victim's request for compensation for mental damage is generally not supported, and the people's court may order the infringer to stop the infringement, restore his reputation, eliminate the influence and make an apology according to the circumstances.
If the infringement has caused mental damage to people and caused serious consequences, the people's court may, in addition to ordering the infringer to bear civil liabilities such as stopping the infringement, restoring reputation, eliminating the influence and making an apology, etc. At the request of the injured party, it is ordered to compensate the corresponding mental damage.
Article 9 The consolation money for mental damage includes the following ways:
(a) causing disability, disability compensation;
(2) Compensation for death if death is caused;
(3) Spiritual consolation money for other damages.
Article 10 The amount of compensation for mental damage shall be determined according to the following factors:
(a) the degree of fault of the infringer, except as otherwise provided by law;
(2) Specific circumstances such as means, occasions and behaviors of infringement;
(3) Consequences caused by the infringement;
(4) profits of the infringer;
(five) the economic ability of the infringer to bear the responsibility;
(six) the average living standard of the court.
Where there are clear provisions in laws and administrative regulations on disability compensation and death compensation, the provisions of laws and administrative regulations shall apply.
Article 11 If the victim is at fault for the occurrence of damage facts and consequences, the infringer's liability for compensation for mental damage may be reduced or exempted according to the degree of his fault.
Article 12 If the judicial interpretation before the promulgation and implementation of this Interpretation is inconsistent with this Interpretation, this Interpretation shall prevail.