Research On The Construction Of The System Of The Third Person 's Fear Damage In China

With the development of the society and the progress of The Times, constantly improve the legislative technology, received a significant boost legislation ability, lawmakers for possible new problems, new social phenomenon has a good ability to deal with. Of course, also want to see is that the law is always a lag, not timely solve in current society cannot use existing law to regulate the phenomenon. The third shock damage phenomenon also happens in real life constantly, it is to point to the parties because the occurrence of the event of a third person other than the spiritual damage phenomenon to appear repeatedly. Such an event in our country, there is no relevant laws and regulations to adjust and regulate, formed the certain legal law area. Relative to the our country, the legal system of western countries to the third person shock damage because of the early start has obtained certain research results, and by continuously improve in practice, achieved good social benefits. The third shock damage compensation system originated in English law, with the passage of time, gradually used by many countries of Anglo-American law system reference. For the system research in China in recent years, many scholars from abroad to introduce the related theory and combined with the social practice analysis of our country.This article is divided into four parts for the nervous shock compensation system in China to make some inquiry. The first part is the introduction of the basic concept of the nervous shock injury, mainly introduces the concept of the nervous shock system, the future development direction of origin, controversy and content, for this system is preliminarily explored. The second part is the third person shock damage of comparison research, the nervous shock compensation system originated in English law, in Anglo-American law system countries, therefore, need for a comparative study of Anglo-American law system countries implementing the system, combined with the practice of our country, comparing analysis from countries outside of the judicial practice to obtain beneficial experiences and lessons. The third part is the regulation of our country present system and defects, and focuses on the current legislation in our country level of the construction of the similar system or similar system and existing defects and shortcomings, but also need to analyze our country to establish the system of judicial practice related issues. The fourth part for our country the third shock damage compensation system suggestion. According to the above three parts, absorbing advanced experience and lessons, fully considering the problems of the legislative and judicial problems, summarizing the third person suitable to China’s specific national conditions shock damage compensation system and related supporting measures. In draw lessons from Anglo-American law system countries mature legal system in our country on the basis of the actual national conditions and the existing relevant laws and regulations and judicial system, strive to build a set of feasible third person shock damage compensation system, in order to better build a harmonious socialist society, promote the construction of the socialist rule of law, the construction country under the rule of law.