近年来,当事人请求赔偿精神损害以维护自身合法权益的民事案件明显增多,但在审判实践中,对什么是精神损害、哪些民事权益受到侵害可以请求赔偿精神损害、谁有权向人民法院提起诉讼请求赔偿精神损害、精神损害抚慰金的数额应当如何确定等问题,长期理解不一致,适用法律不统一,影响了司法的公正性、严肃性和权威性,导致对当事人利益的司法保护不够统一和均衡。为解决这些问题,最高人民法院在总结审判实践经验并广泛征求 In recent years, the number of civil cases in which the parties are seeking compensation for moral damage and safeguarding their own legitimate rights and interests has obviously increased. However, in trial practice, people are entitled to claim damages for mental and psychological problems and who have the right to institute legal proceedings in the people’s courts Asking for compensation for moral damage, and how to determine the amount of spiritual compensation for sobriety, long-term understanding of inconsistency and non-uniform application of laws have an impact on the impartiality, seriousness and authority of the judiciary, resulting in a lack of uniform and balanced judicial protection over the interests of the parties involved . In order to solve these problems, the Supreme Court sums up the trial practice and solicits it extensively