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本文研究的是精神损害赔偿确定的问题。从《法国民法典》的制定到《德国民法典》的制定可以看出,精神损害赔偿越来越受到人们的重视。在我国的精神损害赔偿中,起初的界定是十分模糊不... 本文研究的是精神损害赔偿确定的问题。从《法国民法典》的制定到《德国民法典》的制定可以看出,精神损害赔偿越来越受到人们的重视。在我国的精神损害赔偿中,起初的界定是十分模糊不清的,很多受到损害的当事人都无法用法律手段来保护好自己的利益,而现在,随着我国的不断发展和法律制度的不断完善,人们越来越多的合法利益得到了有效的法律保护。目前我国的法律制度在不断的完善,但是精神损害赔偿这一制度与国外的制度相比较来说还有很大的提升空间,由于我国主张的是唯物主义,而西方国家主张的是唯心主义,所以我国对于精神损害赔偿这一制度在一定程度上没有国外的范围广,并且灵活性也不强。但是随着我国各项事业的不断发展,精神损害赔偿这一制度也在不断的学习、摸索中前进。目前,我国精神损害赔偿的确定在进一步的完善中,并已取得了不错的效果。

引 言
精神损害赔偿是我国目前讨论十分频繁的话题,精神损害赔偿本身的无形性与不可估性使我国法律在运用这一制度的难度有所增加。精神损害是我们理解精神损害赔偿制度的起点,是精神损害赔偿制度中最核心的概念,它不仅能确定精神损害赔偿的范围原则,还有助于司法的顺利进行,维护司法正义,更好的更全面的保护当事人的合法权益。从我们对精神损害及赔偿概念的研究,可以更加明确和认定损害的范围和原则。目前我国的司法制度在不断的改进和完善精神损害赔偿制度,例如我国于2010年7月1日开始实施的《中华人民共和国侵权责任法》中,首次在法律上明确了精神损害赔偿,并给予了其较为宽泛并严格的界定,扩大了一些法律所保护的精神利益,如对看病患者的保护“泄露患者隐私或者未经患者同意公开病历资料,造成患者损害的,应当承担侵权责任”;严格保护个人隐私权中对网络里的个人隐私的保护,如杜绝“人肉搜索”等。该法对个人隐私权的保护,是我国立法上的一大进步。

结 语
精神额损害赔偿制度在中国乃至全世界都是被人们所密切关注的,它在经历数年的发展后才终于作为承担侵权责任的一种方式被法律所确定,如今,肯定权利主体的精神权利,支持精神损害赔偿的观点和理论,已越来越占据主流地位,精神损害的表现形式虽是抽象的、无形的,被害人受到精神损害的表现形式也是多种多样的,但是随着我国法律法规的不断完善,目前已有了不错的成果。我国目前已把依法治国作为基本方略写进宪法,巩固建立并完善精神损害赔偿制度,是我国民主法治进程的重要标志,具有十分重要的意义。
能否多些专业性的词汇?这个是在线翻译的不?我不要求太专业,只要句子通顺没有语法问题就行。求高手帮忙!
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This paper studies the mental damage compensation certain problems. From the French civil code "formulation to German civil code formulation can see, spiritual damage compensation is more and more attention by people. In our spiritual damage compensation, the first definition is very vague, a lot of damage to the parties can use legal means to protect their own interests, and now, with China's development and the continuous improvement of the legal system, people more and more legitimate interests got effective legal protection. At present our country legal system in constant perfect, but the mental damage compensation this system compared with foreign system it with a lot of ascension space, because our country advocates is materialism, and western countries are idealist claim, so our country for spiritual damage compensation in this system to a certain extent, no foreign range wide, and flexibility also is not strong. But along with the development of undertakings, the mental damage compensation this system is also in constant learning, the dark ahead. At present, our spiritual damage compensation in the determination of further perfection, and has achieved good effect.

Lead speech

China is the mental damage compensation is very frequent topic, discussed the mental damage compensation invisibility with an estimated in itself makes our country law in use of the difficulty of this system increased. The mental damage is our understanding of spiritual damage compensation system, is the starting point of institution of compensation for mental injury the core concept, it can not only determine the scope of the mental damage compensation principle, also helps to judicial smoothly, safeguard judicial justice, better more comprehensive protect legal rights of the parties. From our mental damage and compensation of the concept of more clear-cut and study, can the scope and principles that damage. At present our country's judicial system in constantly improve and perfect the institution of compensation for mental injury in 2010, such as China beginning July 1, the implementation of the People's Republic of China, the law of tort liability for the first time in law clear the spiritual damage compensation, and given its relatively broad and strict definition, expanded some legal what protect spiritual interests, such as the protection of the doctor patient privacy or patients without leaking public medical records, patients agree caused patients damage, it shall bear the tort liability "; Strictly protect privacy of network in personal privacy protection, such as stop "human flesh search", etc. Of the individual privacy protection, is a major step in our country's legislation.

"Language

Spirit frontal compensation for damage regulation in China and the world are close attention by people, it after several years of development before finally as assume tort liability law a way as determined by the subjects of the right, sure, now the spirit of mental damage compensation rights, support the ideas and theories, has increasingly dominated mental damage forms of expression, although is abstract, invisible, the victim suffered from mental damage forms also is varied, but with China's laws and regulations are continuously improved, currently has been yielding good results. China currently has put the rule of law as the basic strategy written into the constitution, consolidate to establish and perfect the institution of compensation for mental injury, China is an important symbol of democracy process, have very important sense.
〆俗人一只﹏
2011-04-27
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This paper studies the mental damage compensation certain problems. From the French civil code "formulation to German civil code formulation can see, spiritual damage compensation is more and more attention by people. In our spiritual damage compensation, the first definition is very vague, a lot of damage to the parties can use legal means to protect their own interests, and now, with China's development and the continuous improvement of the legal system, people more and more legitimate interests got effective legal protection. At present our country legal system in constant perfect, but the mental damage compensation this system compared with foreign system it with a lot of ascension space, because our country advocates is materialism, and western countries are idealist claim, so our country for spiritual damage compensation in this system to a certain extent, no foreign range wide, and flexibility also is not strong. But along with the development of undertakings, the mental damage compensation this system is also in constant learning, the dark ahead. At present, our spiritual damage compensation in the determination of further perfection, and has achieved good effect.

Lead speech
China is the mental damage compensation is very frequent topic, discussed the mental damage compensation invisibility with an estimated in itself makes our country law in use of the difficulty of this system increased. The mental damage is our understanding of spiritual damage compensation system, is the starting point of institution of compensation for mental injury the core concept, it can not only determine the scope of the mental damage compensation principle, also helps to judicial smoothly, safeguard judicial justice, better more comprehensive protect legal rights of the parties. From our mental damage and compensation of the concept of more clear-cut and study, can the scope and principles that damage. At present our country's judicial system in constantly improve and perfect the institution of compensation for mental injury in 2010, such as China beginning July 1, the implementation of the People's Republic of China, the law of tort liability for the first time in law clear the spiritual damage compensation, and given its relatively broad and strict definition, expanded some legal what protect spiritual interests, such as the protection of the doctor patient privacy or patients without leaking public medical records, patients agree caused patients damage, it shall bear the tort liability "; Strictly protect privacy of network in personal privacy protection, such as stop "human flesh search", etc. Of the individual privacy protection, is a major step in our country's legislation.

"Language
Spirit frontal compensation for damage regulation in China and the world are close attention by people, it after several years of development before finally as assume tort liability law a way as determined by the subjects of the right, sure, now the spirit of mental damage compensation rights, support the ideas and theories, has increasingly dominated mental damage forms of expression, although is abstract, invisible, the victim suffered from mental damage forms also is varied, but with China's laws and regulations are continuously improved, currently has been yielding good results. China currently has put the rule of law as the basic strategy written into the constitution, consolidate to establish and perfect the institution of compensation for mental injury, China is an important symbol of democracy process, have very important sense.
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