The Case Study Of The Employees' Damages For Mental Distress In The U.S. Tort Law And Enlightenment

In our country, the employee's emotional distress is a hot topic concerned by the theoretical circles and practical circles, the public and the media. With the growing of workplace, the governors (employers) who are in a dominant position often use their power to infringe employees'mental rights. However the theoretical status of less specializing in the mental distress makes the employees'mental rights not well protected. So the author decide to write this thesis so as to make up gaps in this field and to be an reference for legislation and administration of justice. Three types of research methods are used mainly in this thesis (method of comparison and reference, method of crossover study, method of case study). At the same time, this thesis will be combination of the three methods (the combination of domestic and foreign countries, the combination of substantive law and procedural law, the combination of theory and practice) and throughout the whole thesis.Besides the introduction and conclusion, this thesis includes three parts. The part one discusses the meaning and the history of the mental distress, and focusing on the elements of employees action for damages mental distress. The part two describes common two types lawsuit of employees suffering.( the wrongful dismissal actions and sexual harassment in the workplace lead to employee mental distress).The third part elaborates the implication of American employees suffering damage compensation for the legislation of our country. Yet there is no legislation related employee of mental distress damages, but China's employees are suffering from mental distress in current, "Damage should remedy." The author discusses the U.S. employees of mental distress damages and analyzes the reference value of the current phase of the introduction of this system. Finally, the author puts forward the relevant legislative proposals in the hope of improving related systems.