On the Compensation for Mental Damage Due to Death by Infringement

  • Xinbao Zhang
Chapter

Abstract

In the case where the death is caused by injurious action or quasi-tort (hereafter referred to as case of death by infringement), it is an array of issues far from being resolved on paper and in legislative or judicial practice in terms of whether the victim can claim compensation for infliction of mental damage, in which types of cases of death by infringement who can claim the compensation, what are the compensation standards and how is the distribution of compensation once one manages to obtain it.

References

  1. Christian Von Bar (2001) The common European law of torts, vol II (trans: Jiao MH). The Law Press, p 160Google Scholar
  2. Guan JH (1996) Ascertainment and compensation for mental distress. People’s Court Press, Beijing, pp 57, 275Google Scholar
  3. Hu P (2003) Research on compensatory system for mental distress. China University of Political Science and Law Press, pp 128–131Google Scholar
  4. Wang ZJ (1998) Civil law theories and case study, vol 4. China University of Political Science and Law, p 296Google Scholar
  5. Yang LX (2004) Compensation for mental distress: focusing on supreme people’s court interpretation on compensation for mental distress. People’s Court Press, pp 72–73Google Scholar
  6. Yang LX (2005) On tort law. People’s Court Press, p 422Google Scholar
  7. Yu M (2006) Tort, law of Japan, 2nd edn. The Law Press, p 410Google Scholar
  8. Zeng SX (2001) Principles of compensation law. China University of Political Science and Law Press, pp 379–380Google Scholar
  9. Zhang XB, Ming J (2005a) Characteristics and certain issues regarding general bereavement damages for air crash. Chinese J Law 1Google Scholar
  10. Zhang XB (2005b) Principles of tort law. China Renmin University Press, p 524Google Scholar
  11. Zhang XB (2007a) Relation between rights to claim labor distress insurance and rights to claim common personal damages. China Legal Sci 2Google Scholar
  12. Zhang XB (2007b) On important constitutive elements of tort liability. The Law Press, pp 441–444Google Scholar
  13. Zhang XB (2007c) Administrative laws and regulations shall not include specific torts liability. The Jurist 5Google Scholar

Copyright information

© Springer Nature Singapore Pte Ltd. 2018

Authors and Affiliations

  • Xinbao Zhang
    • 1
  1. 1.Renmin University of China Law School, China Legal Science Journals PressBeijingChina

Personalised recommendations