Chinese Courts Oppose High Compensation ClaimsChina's Supreme People's Court has clearly stated its opposition to unreasonably high compensation payments.Li Guoguang, the court's vice-president, said at a national conference on civil trials that compensation for emotional and psychological damage should "be geared to actual circumstances," and should not be too high, according to Monday's Chinadaily. "It is clear that such compensation has the purpose of consoling victims, educating and punishing the infringers and establishing the idea of the need to respect other people's personal rights and dignity," said Li. However, courts should not support claims for extraordinarily high emotional and psychological damage compensations." He urged judges to adopt a proactive stance in handling cases involving the infringement of the rights to life and the right to health. He added that the types of cases where such compensation can be claimed should not be over-expanded. "When handling cases involving compensations for emotional and psychological damage, the courts should follow the principle that the infringement of personal rights has brought the victim mental suffering, " said Li. In cases involving the violation of rights other than the right to life and health, compensation for emotional and psychological damage should only be claimed when the injured party has suffered severe damage as a result of intention or gross negligence on the part of the defendant, said Li. He added that the severeness and the results of the infringement and the defendants' financial condition should be taken into consideration as how high the compensations should be. Otherwise, the defendants should only be ordered to stop their infringing action and apologize. Compensation for emotional and psychological damage has not yet been included in China's laws. The nation's 1986 version of the General Principles of Civil Law only stipulates that in violation of the rights to names, portraits and reputation, the victims can ask for compensation. |
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