近亲属精神损害赔偿制度研究

国内虽然对精神损害赔偿的研究很多 ,却对近亲属精神损害赔偿探讨不够。在该领域仍然存在许多需要解决的问题 ,如近亲属可得赔偿的精神损害的范围有多大 ?有近亲属精神损害赔偿权的主体包括哪些 ?近亲属精神损害赔偿的标准和生命健康权受到伤害的受害人精神损害赔偿的标准一样吗 ?近亲属精神损害赔偿在民事领域和刑事领域的冲突如何解决 ?是否以过错为原则 ?

Study About Moral Damage System For Near Relatives

Although many studies about moral damage have been made in our country, exploration about moral damage to near relatives is not enough. Many problems need to be solved in this field, for example, how large is the scope of compensable moral damage? What the objects of moral damage to near relatives include? Is the standard of moral damage to near relatives the same with that of moral damage to the victims whose right of life and health has been damaged? How to settle the conflicts of moral damage to near relatives in civil field and criminal field? If the doctrine of wrongs is applied? and so on. The writer makes explorative analysis in such aspects.