Study On Compensation For Mental Damage Of The Third Party

Along with modern human rights system's establishment and development, people no longer stagnate and satisfy the modern civil law only to the property rights and the exterior material world protection. They begin to pay attention to the personal rights not to violate, and to protect innermost feelings inner world peaceful. The spirit damage compensate system of the third party becomes one of modern civil law trends of development. In our country legal science theorists and the practice, many scholars have also carried on many beneficial explorations to it. However, because our country related legal regime is imperfect, and it is late to this kind of research start. It has many disputes in the concepts and the academic. So it need to carry on the careful analysis and the explicit limits.This article begins from the basic theory. It analysis and summarize the typical law system in the Common Law System and the Civil Law System. It has carried on the detailed explanation and the limits to compensation for mental damage of the third party constitute important document. I propose certain suggestions to judicature practice the appearance question in our country. I hope it is beneficial to the mental damage compensation system's of the third party consummation and the development in our country. This article divides into five chapters:In the first chapter, it elaborates the third person of energetic harm rationale in detail. Firstly, it has carried on the limits to the third person of energetic harm concept. Our country scholars mainly emphasizes its compensation subject of object the status important document, it refers to the intimate relation to third person in which the law stipulated explicitly. Secondly, it point out the legal characteristic, includes the abuse of authority, the right infringement content and the harm consequence. Finally, it has further proven its nature. Regardless of being the direct damage or the remote damages, what in reality needs to solve is gives the explicit confirmation through the legislation to the third party of mental damage compensation system. The aim is to protect the third party.In the second chapter, it concret the request power foundation of compensation for mental damage of the third party. It separately analyze from the philosophy angle, the damage compensation function, and the benefit protection and the behavior. In Civil Law system and Common Law System, it suit for damages which mention based on the third person of healthy power and the status power. It is one kind of direct damage, and the healthy power suffers injury should obtain the compensation. In what modern society's status power refers to is between the equal main body the right which produces based on the status relations. Its foundation is the citizen with other people's special status relations. Once the special relationship destroys, it has harmed the third person of rights and interests, therefore. It should hold mentions based on the status power the suit for damages.In the third chapter, it analyzes to the representative country third person of spirit damage compensate to set up the legal regulation in two big legal systems. In the Civil Law system and Common Law System, it integrates the author to pay attention to the voluntary in the domain to discussion. It does not carry on the personality power and the status power in the concrete discrimination. It specific stipulation damage compensate judgment standard in massive cases, including status relations, time and spatial standard, harm consequence request. Synthesizes two big legal systems the legislative styles and the practice, the tendency is to increase the request power scope. It takes the human rights more and more safeguard.In the fourth chapter, it limits the third person of spirit damage compensate in detail the special constitution important document. It conforms to the abuse of authority common important document, at the same time it also has the unique space and time and the status standard. Firstly, the third person is only restricted in has in the law to stipulate explicitly and it has the intimate relation main body scope with the direct victim. Secondly, it should limit space standard strictly, because if not for saw on the scene at accident's occurrence perhaps, it will not have the big spiritual stimulation, and it also will lose the healthy power suffers injury requests the spirit damage compensate the request foundation which it is based on. Thirdly, regarding right infringement fact standards, it mainly refers to violate the victim life power, including the healthy power, the bodily power and the harm fact.At the last chapter, I analysis and concept compensation for mental damage of the third party in our country. It is relatively conservative in this aspect's stipulation, ignoring the third worldly person gets an idea of the territory benefit to receive for a long time. Because the third person of spirit mental compensation system in the scope to be narrow and small. This article proposed the plan:First, in the third person of scope, it is not suitable to limits to the specific status relations; Second, in the right infringement object scope, it should from sole expand to the life power protection to the healthy power protection; Third, in the right protection object scope, it may expand to the status power's definition from the parental authority to the relative law in status power.