Tort Claim For Damages Study

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 altogether divides into four parts, the first chapter is about the damage compensation outline, mainly elaborate the damage compensation occurrence reason, harm recognizing, the classification of harms with the third person. The third person'harm mainly including the property harm and the non-property harm, direct harm and the indirect harm.The second chapter is the elaboration about the subject of right. Through analysis the basis of the tortfeasor taking the damage compensation duty and the third person'harms, reasonably define the scope of the third person.The third chapter has carried on the analysis to the third person of main property compensation claims. It is the elaboration of the third person's property harm and his corresponding main claims when the first victim's healthy right or the life right encounters violation.The fourth chapter is the elaboration of the third person'non- property damage compensation claims. The non- property claims includes directly enjoying non- property claims and inheriting non-property claims.