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How much is the compensation for threatened mental damage?
When determining the amount of compensation for mental damage, the following factors should be considered:
The degree of fault of the infringer, except as otherwise provided by law.
Means, occasions, behaviors and other specific circumstances of infringement.
(3) Consequences caused by infringement
Infringer's profit
(five) the economic ability of the infringer to bear the responsibility
(six) the average living standard of the court.
In practice, there is no clear standard for reference because the economic situation of the parties in various regions is inconsistent with the provisions of relevant local laws and regulations. So far, the amount can only be determined by the judge's subjective discretion based on the above factors.
Therefore, the amount of compensation for mental damage needs to be calculated according to the tort committed by the civil subject. For those who are unwilling to pay damages, the civil subject needs to file a lawsuit in accordance with the established regulations on the premise of mastering the evidence.
Legal basis: The Interpretation of Compensation for Mental Damage stipulates three kinds of compensation for mental damage.
(1) If death is caused, death compensation shall be paid.
(2) If disability is caused, disability compensation shall be given.
(3) If personal injury does not cause death or disability, compensation shall be made for mental comfort.
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