著作人身权受到侵害而受到财产损失,当然可以对侵权人主张赔偿责任。而对于权利人受的精神损害是否应当得到赔偿,赔偿数额如何确定的问题,我国法律并未做出十分明确的规定,同时理论界对此问题也没有形成统一的认识,导致司法实务中对此问题存在裁量标准不一的尴尬。因此,文章拟就此问题进行分析,并偿试性地提出一些拙见。 It is of course possible to assert liability for the infringer for the loss of property suffered by the author’s personal rights. However, there is no clear and definite stipulation in the law of our country whether the mental damage suffered by the right owner should be compensated and the amount of compensation should be determined. At the same time, the theoretical circle did not form a unified understanding of the issue, which led to the judicial practice There are discrepancies in the standards of embarrassment. Therefore, the article intends to analyze this issue and make some tentative suggestions.