Study Of Damages Of Indirect Victim's Nervous Shock In Anglo-American Law System

Nervous Shock'is an independent tort claim for damages in Anglo-American Law System. It originated in England, then approved by other common law countries, and continue to develop and improve. On the meaning of'Nervous Shock', scholars have different views, the author prefer to recognize it as'to the victims (directly) and the victim (indirectly associated to directly victim) who have suffer huge mental harm and distress, such as loss the fun of life, become hysterical and even ph-ychiatric, which are caused by intentional or negligence torts'. Damages for'Nervous Shock'in Anglo-American Law System can be claimed by not only the direct victims, but also the indirect victims under certain conditions. The Anglo-American Law System divide torts into two types:intentional tort and negligent tort, further more, the System set up different constitutive requirements under each type. We can say that, after a long term development of theory, and experience lots of cases, Nervous Shock has been much more perfect and syst-ematic. With the improvement of people's awareness of right, spiritual interests has been paid more attention. Laws are required to protect people's spiritual interests, ensure everyone can be catharsis and satisfaction under the law frame. In our legislation and relevant judicial interpretations of tort, although the mental injury compensation institution has been greatly developed, but laws haven't provide whether the indirect victims can obtain compensation. In the author's opinion, on the basis of study of 'Nervous Shock'in common law, our torts law can be expanded limitly.The preface introduces the importance of protecting human spiritual interests. With the laws gradually emphasis on protecting spiritual benefits which are mainly from people's intimate feelings with their families. The emotional and spiritual communicate with families constitute the main content of people's feelings and life. So, there is no doubt that when someone was hurt, his\her family will suffer huge emotional shock and distress. Today, with the development of tort law, the problem that whether the indirect victim can claim damages for emotional distress, has attracted theory and society's attention. The author considered that the indirect victim who is intimately associated with the direct victim, can request damages for nervous shock which is come form witnessing or experiencing the accident and hurt to direct victim. Chapter 1 concerns on the introduction of the Nervous Shock in Anglo-American Law System. In this part, the author summarized Nervous Shock's origin and history. On the meaning of'Nervous Shock', scholars have different views, the author prefer to recognize it as'to the victims (directly) and the victim (indirectly associated to directly victim) who have suffer huge mental harm and distress, such as loss the fun of life, become hysterical and even psychiatric, which are caused by intentional or negligence torts'. Damages for'Nervous Shock'in Anglo-American Law System can be claimed by not only the direct victims, but also the indirect victims under certain conditions.Chapter 2 concerns on the judgement of liability for nervous shock in Anglo-American Law System. In view of the author in this paper is discussing study and reference on the'Nervous Shock'in Anglo-American System, and improve the relative regulations in china, so chapter 2 is mainly discuss the judgement of liability for nervous shock in intentional or negligence.Chapter 3 compares the "nervous shock" in Anglo-American Law System with relative institution in Continental Law System. After intro-duced relative regulations in continental law system, and analyzed the differences between two systems, the author preferred the'Nervous Shock'in Anglo-American Law System for she thought it is much more perfect and systematic and is more suitable for our country to study and transplant. Therefore, the author stated the detail reasons and views.Chapter 4 concerns on the improvement of mental injury compensation system in China. It discusses the development and disadvantages of mental injury compensation system in China, analysis the necessity of establish 'Nervous Shock'compensation system. On the basis of study and reference the'Nervous Shock'compensation institution in Anglo-American law system, the author discussed the problems we confront and the design of legislation of mental injury compensation institution in our tort law.