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The Research Of Reflectivity Damage Compensate Question

Posted on:2010-10-18Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ShenFull Text:PDF
GTID:2166360278967666Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The reflectivity damage compensate requested that is refers to the outside person (the second position victim) of the one suffering injury directly (the first position victim), because the result of the direct victim's harms leading by the abuse of authority reflect the second position victim, bringing the substantive harm, the request power which request the abuse of authority actor compensates. But at the present, our country legal science domain has not developed thoroughly to this question's research, the legislation also relatively lags, but in judicial practice have already appeared many its examples. The law alike still ignored the spiritual harm which come from the victim close relative by the reflective harm withstands, cannot give the effective relief, then counteracts in the civil law fair principle.In overseas legal science fundamental research also presented the same reflective harm related either the similar legal idea or the legal science viewpoint, like in the continental method "the spiritual attack" in the system, the UK-US law "the third person is in shock the system" and "the disturbance diplomatic relation right infringement compensation". The reflective reflectivity damage compensate recognizes in the question, the continental method country stresses on causal relation recognizing, but stresses in the UK-US legal system country on the right infringement person whether to arrive at the attention duty. In fact, the mistake (harm may foresight) and the causal relation solves in the reflectivity damage compensate case's important problem. Through to overseas with reflectivity damage compensate correlation theories and practice comparative analysis, we discovered that in the overseas party causing an injury responsibility recognized that is mainly decided between the plaintiff and the direct victim whether to have intimate or to the person relations which loves, whether particularly to have close relatives and so on spouse, children or parents relates; As well as suffers injury third person and between the accident in the space and time immediate cause relations.We attempt to profit from the overseas related system and the judicial practice, the construction conform to our country to infringe upon the right the law present situation reflectivity damage compensate system.The reflectivity damage compensate formally is presenting the remote damages the shape, but should belong to the direct damage from the violation law profit and the constitution mechanism. Its constitution important document request has the existence which the actual spirit loses, the request is and the direct victim exists intimate or to the human who likes relating, does not request the party causing an injury to plaintiffs harm to have the mistake inevitably, but actually objectively has dual illegal. Its relief way mainly manifests for the economic compensation, auxiliary stops the violation, apologizing and so on other ways. Finally, in this article ending, we the flaw which as well as the concrete article perfect angle stipulated from the current law solves the actual problem which the reflectivity damage compensate faces.
Keywords/Search Tags:Reflective harm, Compensation, Victim scope, Causal relationship
PDF Full Text Request
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