It is a big problem in the executive would to determine the amount of the compensation , because the moral injury is imperceptible and immeasurable . though there is no equivalent relation between the injury and the compensation , the function of soothing and punishment of the compensation cannot be denied , and it is an effective means of almsgiving . at present , the compensation amount in china is too low . and it should be increased . besides , it is not suitable to have the uppermost limit of the compensation , because the society develops so quickly . the amount of the compensation depends on the free measurement of the judge according to the normal criterion and the defails of the case 精神损害赔偿数额的确定，是实务界的一大难点。因精神损害的无形性、不可计量性，故精神损害与赔偿之间不存在商品货币领域里等价交换的对应关系，但金钱赔偿具有抚慰与惩罚功能，因而不能否认精神损害赔偿的金钱救济方式。目前，我国精神损害赔偿数额较低，应适当提高赔偿数额。
