Discussion on compensation for moral damage in medical tort action

As Supreme Court has issued “Interpretations of the several questions about liability for compensation for mental damage in civil tort”, the procedure of compensation for moral damage has been gradually moving towards systematization. And the compensation questions for moral damage in medical tort action are different from the moral satisfaction in general tort because they involve a wide range of medical sciences. For this reason, moral damage in medical tort has its own specific characteristics. In this paper, the author compared the past with the present situations of the restitution systems for moral damage in medical torts in China from both theoretical and practical point of view. He also discussed in detail three major types of cases in judicial practice.