论文部分内容阅读
《侵权责任法》自2009年出台之后,其22条的规定一直备受各方学者关注,有观点认为第22条缩小了精神损害赔偿的适用范围,是一种立法的倒退,笔者从体系解释,历史解释和目的解释的角度分析,认为第22条不但没有缩小精神损害赔偿的范围,反而是扩大,对我国精神损害制度发展有重要意义。
Since the introduction of Tort Liability Act in 2009, the provisions of Article 22 of the Tort Liability Law have always attracted the attention of scholars from all walks of life. The view is that Article 22 narrows down the scope of application of compensation for mental damages and is a retrogression of legislation. The author explains from the system , Historical explanation and purposeful interpretation. It is concluded that Article 22 not only has not narrowed the scope of compensation for mental damage, but has expanded, which is of great significance to the development of the system of mental damage in our country.