On the Calculation of Compensation for Mental Damage

The calculation of the amount of compensation for mental damage, because the legal provisions do not expressly stipulate, in the case, how to convert to specific figures, the practice is mostly determined by the discretion of the judge combined with the investigation factors. There are six factors in the judicial interpretation, which are used as the reference for the judge to calculate the amount of money. However, when these factors are applied in practice, the judge does not explain the rationality of these factors. From then on, this paper attempts to analyze the factors of investigation of compensation for mental damage, so as to make the application of investigation factors more reasonable and pursue the final case justice.