With the development of society, man's demands for his own inner world security become higher, the civil law for protecting the interests of the human spirit has reached unprecedented level. The rise and development of the compensation for mental injury to a third person emerged in the background. There are few articles about compensation for mental injury to a third person in the present law in China, relevant provisions of the system reveals more conservative, law for the rights of the field is relatively limited, some defects gradually emerged in practice.On the basis of the legislation and judicature of our country, the article combs out the theory of the compensation for mental injury to a third person, brings forward my own opinions of the identification criterion, the constitutive requirements and the kinds of compensation of the compensation for mental injury to a third person, and draws useful lessons to perfect it in our country. |