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法院的案件逐年增多。但在审判实践中,不恰当的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。 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 brought before the courts for the recovery of mental damages has increased year by year. However, in trial practice, it is not uncommon for improper claims of mental damages or abuses of rights of appeal, which present a trend 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.