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Study On Compensation For Mental Damage Of The Third Party

Posted on:2009-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:W Z ChenFull Text:PDF
GTID:2166360245457670Subject:Civil and Commercial Law
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"In the motherly eyes of Civil Law, each and every person is a state entirely." as Montesquieu once said. Individual protection is the focal point of the Civil Law field. Moreover people nowadays no longer satisfied with the protection of property and outer tangible world which designated by the 19th century Civil Law, free from individual trespass and unease of psychical state are more and more emphasized. Optimizing and widening the institution of psychical damage compensation is the trend of modern Civil Law. The expansion of mental damage field from the direct victim to the third party evinced this trend. This article begins with the analysis of the fundamental theory of the third party mental damage compensation, and followed by example of several typical countries Legislation in such field. At last, some advices will been made which specialize for the problems of China's law enforcement. I hope that this article would benefit the optimization and development of China's third party mental damage compensation legislation.This thesis can be divided into four parts.In the first part, I will set the definitions of the third party mental damage compensation and discuss the nature of the indirect damage. The third party whom this thesis referred to is the person whom legally close to the direct victim and by the damage of the direct victim the third party also suffered from mental damage. Concerning with the third party mental damage, the damage of direct or indirect is only make sense in the protection of the third party mental damage. In my view, because the third party mental damage has the nature of reflectiveness, so it can be sort into indirect damage. Through the legislation of the third party mental damage compensation as the independent damage compensation requirement, the third party can thus well protection.In the second part, I will focus on the legislation of the third party damage compensation of two type law institution countries. Britain and U.S which belong to the common law system set the component as the trespasser who overlook obligation to consider the third party has to compensate with a series of verdicts, the identity of the third party, time and space condition, damage aftermath have standardized. Whereas the European-continent law system have such as France and Germany protect the benefit of the third party by set some fundamental law clauses.In the third part, I would like to expound the special component of the third party mental damage compensation. The third party mental damage has the characteristic of one cause and multi-damage, that is, with the trespasser one illegal activity; damage both the direct victim and the third party mental health. Because of the damage indirectness, the damage inflicted by the trespasser is confined in the direct mental. The third party only refers to the one who has close legal relation with the direct victim.At the last part, some analyses and advices were made for the third party mental damage compensation legislation of China during a very long time has been neglected. Thus, to counter all these loopholes such as too narrow of the third party mental damage protection and mental damage compensation obscurity this thesis offered the solution.
Keywords/Search Tags:the third party, mental damage, damage compensation
PDF Full Text Request
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