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台湾地区的法学,尤其是民法学是建立在比较法的基础之上,很多学者采用比较法的研究方法,结合判例,通过百家争鸣,创设许多不同学说观点。在非财产损害赔偿制度这个重大问题上,台湾向德国学习,在立法体例、造法活动、判决风格、法律政策、法律技术及解决问题途径等方面,进行广泛的探索。由于社会变迁和进步,思想观念已发生改变,金钱赔偿非但不会减损人格价值,反而可以提高其被尊敬度,何况民法已广泛承认慰抚金请求权,未尝闻人格价值因此受影响,同时,并非当然地就会产生滥诉的结果,①这是许多台湾学者之所以重视研究人格权和慰抚金问题的原因。其
In Taiwan, jurisprudence, especially civil law, is based on the comparative law. Many scholars use the comparative law research method, combining jurisprudence with many schools of thought to create many different doctrines. On the major issue of non-property damage compensation system, Taiwan has studied with Germany and conducted extensive explorations in the fields of legislative system, law-making activities, judgments, laws and policies, legal technologies and ways to solve problems. Due to social changes and progress, ideas and concepts have changed. Not only does monetary compensation not detract from the value of personality, but it can enhance its degree of respect. Moreover, civil law has widely recognized the right to seek compensation, which has not affected the value of personality. At the same time, It is not a matter of course that this will result in excessive appeals. This is the reason why many Taiwanese scholars attach great importance to the study of the right to personality and consolation issues. its