On The Scope Of The Third Party's Damages Claim

The research of past emphasized only on the rights towards primary victim's claims, and usually neglected to research the third person'claims, resulting in the scope of the third person is extended or limited randomly. This piles the pressure on the tortfeasor, or diminishes the tortfeasor`s responsibility to pay damages.I would put the topic of this article into intruding the right of life and health. In this article, I would use the legal economic analysis method ,and so on ,to analyze the duty of care of tortfeasor and then define the structure of the right of the third`s claims and use the basic theories to define the scope of the third person.This article discussed two kinds of scope. First, the scope of the rights enjoyed by who;Second, the scope that the right to exist. The first part of this article defined the scope of the rights enjoyed by whom; the second and third parts define the scope that the right to exist. The scope of the third party's damages claim was discussed from property damage and non-property damages on two aspects.