Third Person Moral Damage Compensation System Research

The institution of mental damage compensation is an important legal institution in our country, but the subject of mental damage compensation often limited to the direct victims of the accident. There are only individual provisions relate to the third party mental damage compensation and the compensation extent is very narrow. There are different opinions about the third party mental damage compensation in our theory circle. However, in other countries, the third party mental damage compensation is admitted in both legislation and practice, and in common law system and continent law system have developed relative mature legal institution. Our country's judicial practice has also appeared this type of claims. However, most courts did not support this type of claims due to lacking of unified legal standard. If the law can not give effective relief to this type of mental damage, on the one hand, it is unfair to the third party who suffer the mental damage, on the other hand, it don't meet with the trend of modern Civil Law which optimizing and widening the institution of mental damage compensation. Therefore, it is of great theoretic and practical value to do research on the third party mental damage and its remedies. This article begins with the analysis of the fundamental theory of the third party mental damage compensation, and follow by examples of several typical countries legislation in such field. Then, I will analysis the special component of the third party mental damage compensation. At last, some advices will been made which specialize for the problems of China's law enforcement. I hope that this article would benefit the optimization and development of China's third party mental damage compensation legislation.This article can be divided into three parts.The first part is the fundamental theory of the third party mental damage compensation. The writer firstly gives a definition to the third party mental damage, and analyzes the legal nature of the third party mental damage. The writer point out that it can be sort into direct damage. Then, the writer will describe the legal characteristics about the third party mental damage in details. At last, the legal foundation of compensability of the third party mental damage compensation will be discussed deeply in this part.The second part is the comparative analysis of the third party mental damage compensation in different countries. In common law system and continent law system, the attitude to the third party mental damage compensation is similar, which from the initial denying gradually turned to admit, and develop unique theory and institution in this field. In this part, the writer will give a detailed introduction and comment to the legislation and judicial practice of several type law institution countries.The third part is the analysis and advice for the third party mental damage compensation legislation of China. The writer analyses the current legal system in relation of this problem in China, and then compare them with theory of the third party mental damage compensation. The writer also tries to point out the legislative shortcomings of this institution in our country. Then, the writer advances some suggestion as to how to construct the requirements and standards of compensation for the third party mental damage from four points, that is, fault, infringing act, damage and causality. At last, some legislative proposals were given by the writer to establish and perfect our institution of compensation for the third party mental damage.