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精神损害赔偿制度自在我国初现以来,一直是一个争议颇多的话题。在长期的司法实践中,一方面是精神损害赔偿的范围有逐渐扩宽的趋势;另一方面是为了避免诉讼泛滥和虚假诉讼而对精神损害施加各种限制。但因噎废食不是解决之道,在我国现有的精神损害制度的基础上寻求制度的完善和范围的拓延,方能更好的维权。
The system of compensation for mental damage has always been a topic of considerable controversy since its initial appearance in our country. In the long period of judicial practice, on the one hand, the scope of compensation for mental damages has been gradually broadened; on the other hand, various restrictions have been imposed on mental damages so as to avoid the proliferation of lawsuits and false litigation. However, food waste is not a solution to this problem. Based on the existing system of mental damage in our country, we are seeking ways to improve the system and extend its scope so that we can better safeguard our rights.