"Interpretation of the Supreme People's Court on Several Issues Concerning Determination of Liability for Compensation for Mental Damage in Civil Torts"

In order to correctly determine the liability for mental damage compensation in the trial of civil tort cases , in accordance with the " Civil Code of the People's Republic of China " and other relevant legal provisions , combined with the trial Practice , develop this interpretation .

Article 1 Because personal rights and interests or specific objects with personal significance are infringed , a natural person or his close relatives may file a lawsuit in the people's court to request compensation for mental damages . If compensation is required , the People's Court shall accept the case in accordance with the law .

Article 2 If the ward is illegally removed from custody , resulting in serious damage to the parent-child relationship or the relationship between close relatives , the guardian shall file a lawsuit in the People 's Court. If a person seeks compensation for mental damage , the people's court shall accept it in accordance with the law .

Article 3 If the deceased ’s name , portrait , reputation , honor , privacy , remains , remains, etc. are infringed upon , his close relatives may file a lawsuit in the People’s Court for mental damages . If compensation for damages is required , the People's Court shall support it in accordance with the law .

Article 4 If a legal person or an unincorporated organization files a lawsuit in the people's court to request compensation for mental damage on the grounds that the right of reputation , honor or name has been infringed , the people 's court shall The court did not support it .

Article 5 The amount of compensation for mental damage is determined based on the following factors :

( 1 ) The degree of fault of the infringer , unless otherwise provided by law ;
( 2 ) The purpose , method , occasion and other specific circumstances of the infringement ;
( 3 ) The consequences of the infringement ;
( 4 ) The infringer ’s profits ; _
( 5 ) The infringer ’s financial ability to bear liability ;
( 6 ) The average living standard of the location where the court that accepts the lawsuit is located .

Article 6 If the contents of judicial interpretations that have come into effect before this interpretation is promulgated and implemented are inconsistent with this interpretation , this interpretation shall prevail .

"Interpretation of the Supreme People's Court on Several Issues Concerning Determination of Liability for Compensation for Mental Damage in Civil Torts"
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