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《民法通则》颁布已有三年,它所确立的原则打破了传统民法理论的坚冰,至此,我国法制和法学走到了一个广阔的新天地。但它规定的精神损害的范围狭隘,未把刑事犯罪案件中的精神损害纳入其中,也未确立赔偿的标准和原则。以致法学界众说纷纭,司法实践中也处理不一,使得这一制度未能充分发挥应有的作用。因此,有必要对精神损害的本质、范围和赔偿原则加以明确。本文拟对这个问题作一探讨。
The “General Principles of Civil Law” has been promulgated for three years, and the principle it has established breaks the ice of traditional civil law theory. Thus, our legal system and jurisprudence have reached a vast new world. However, the scope of the mental damage it provides is narrow and does not include moral damage in criminal cases. Nor has it established the standards and principles of compensation. As a result, there are different opinions in the field of law and different judicial practices, making this system unable to give full play to its due role. Therefore, it is necessary to clarify the nature, scope and principles of compensation for moral damage. This article intends to discuss this issue.