A Study On The Third Person 's Fear Of Tort Liability

In the general tort damage compensation cases, access to the main body of compensation for mental damage is limited to harm behavior directly points to the object, namely direct victims. But in real life, the offender the infringement of the implementation of direct victims often spread to associated with the third person, and if the terrified the infringement can damage of a third person for compensation, all countries due to the nature of the different, the compensation standard is not the same. Countries to the third person shock damage compensation system of compensation for mental injury as an independent damage shall be determined, is the result of the law theory and judicial practice for a long time test.In this paper, the concept of damage to a third person frightened, defined shock damage refers to as witness or hear later damage accidents, the third person mental stimulation and cause the body disease or mental illness. At the same time will be the subject of a claim within the scope of the third person is limited to direct the victim relatives, but in some special cases, the victim’s cohabitant directly or unmarried couples on the basis of qualified, also can be used as shock damage compensation claims. Third person shock damage constitutive requirements and the components of the general tort is different, which frightened the damage is prerequisite for the infringement; Main body important document, in principle, to direct the victim’s close relatives; Claim to the injury consequence a duality, namely direct victims all needs to achieve a certain degree of damage with a third person; On the causal judgement and regulations aim to take quite a causality said. Based on the civil law countries and common law countries of the third person shock damage system, on the basis of comparative analysis, the third person shock damage system of our country building, at the same time, the nature of shock damage to direct damage, frightened damages claim is based on the third person rights and interests is damaged, give are discussed and approved.