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我国《侵权责任法》规定,侵害他人人身权益,造成他人严重精神损害的,被侵权人可以请求精神损害赔偿。这是我国现行法律中首次对“精神损害赔偿”做出明确规定。该法实施后,为追索精神损害赔偿而诉至人民法院的案件逐年增多。但在诉讼实践中,不会主张精神损害索赔权利或滥用诉权的现象屡见不鲜,呈现出索赔范围广、数额高、获赔少的趋势。这说明,人们对精神损害赔偿还存有诸多认识误区。误区之一:赔偿范围“海阔天空”。李老汉领着自家的宠物狗到街上玩,一辆轿车将其宠物狗轧死。于是,李老汉将司机告上法庭,要求司机赔偿精神损失费5万元。因不符合精神损害赔偿的法律规定,李老汉的诉求最后被法院驳回。法律提示:有的当事人不清楚精神损害赔偿
China’s “Tort Liability Law” stipulates that infringement of personal rights and interests of others, causing serious mental damage to others, the infringer may request compensation for mental damage. This is the first time that China’s current law makes clear stipulations on “compensation for moral damages”. After the implementation of the law, the number of cases suing people’s courts for the recovery of mental damages has increased year by year. However, it is not uncommon for lawsuit practice not to claim the moral damage of the right to claim or to abuse of the right of action. There is a tendency of claiming a wide range of claims with a high amount of compensation and a small amount of compensation. This shows that there are still many misunderstandings about compensation for mental damage. Misunderstanding one: the scope of compensation “brighter future ”. Li Lao Han led his pet dog to the streets to play, a car ran over his pet dog. As a result, the old man Lee sued the driver to court, requiring drivers to compensate for mental damage costs 50000 yuan. Because of the law does not meet the compensation for mental damage, Lee’s appeal was eventually dismissed by the court. Legal Tip: Some parties are not aware of mental damage compensation