Spiritual damage compensation is a kind of civil liability that the right subject requires the infringer to pay compensation because his personal rights and interests are wrongly infringed and he suffers mental pain or mental damage. It is an important part of the modern civil law damage compensation system.
If a natural person brings a suit to the people's court for compensation for mental damage due to illegal infringement of the following personality rights, the court shall accept it according to law:
(1) The right to life, health and body; (2) Right of name, portrait, reputation and honor; (3) The right to personal dignity and personal freedom.
If the victim brings a lawsuit to the people's court for compensation for mental damage on the grounds of infringement, in violation of social and public interests, social morality infringes on the privacy or other personal interests of others, the people's court shall accept it according to law.
Legal basis
Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Compensation Liability for Spiritual Damage in Civil Torts, if a natural person or his close relatives bring a lawsuit to the people's court to claim compensation for mental damage due to the infringement of personal rights and interests or specific things with personal significance, the people's court shall accept it according to law.
