On The Third Party Claim Of Compensation For Spiritual Damage

Conventional inspirit injury amends mostly aim at the direct tortious victims.It didn't admit the inspirit injury amends of the third parter. Now,the personal right was concerned more and more, a lot of countries admits the inspirit injury amends of third parter in practice and legjslation.It belonged to considerate compulsory About petition right. IN our country,the severa items in law and the judicatoiy explain affirmed the compensation for the inspirit injury of third parter,but it can not be explained by the law theory,and the range of compensation was narraw too.It would be analyzed by petition right theory that the scare case maybe made the spirit injury of the third parter, in other word,the compensation based on assault and battery of the thidr parter;or the compensation maybe based on the identity right be trespassed. The petition right of the spirit injury compensation in these two types cases,belongs to the victim—the third parter.Because they were injured directiy. In my paper, I analysed this two types cases about right of petition,and the contractual relationships of general and special.The scare case is one kind of way which infringes upon a citizen health right. It meaning that the victim witnessed or heard the occureence of infringement behavior and the result of its damage.which stroke the victim spiriLThis right of petition come from the healthy right be violated.This situation made the victim healthy right be violated directly.The victim not only can request material indemnity,and also request spririt indemnity.But the scope of compensation should be limited,in order to avoiding right being abused.The third person according to with victim's special identity relation directly,will also result to bigger spirit injury,the lawmaking's scope of spirit compensation shouldn't limit in the personality right,should admit the invasion toward the identity right can also constitute the foundation of spirit indemnity.If the right of petition according to scare case and the right of petition according to third parter spirit injury compensation conflicted,we should allow the third parter choose freely a kind of petition which he wanted .If the acquire of compensation was supported by court,then in the meantime the people lose the...