Determinative Standard Of Liability For Compensation Of Emotional Distress

Compensation of emotional distress refers to a civil law system thatinfringer remedy emotional distress of infringed by the propertycompensation. Identifying the determinative standard of liability forcompensation of emotional distress plays a crucial role in the developmentof this law system. This thesis analyses the determinative standard now weadopt, and contrast to American determinative standard of liability forcompensation of emotional distress, accordingly discuss that how toformulate our own standard.There are four chapters in this article：In the first chapter, it is about the definition and classification andtheories about determinative of liability for compensation of emotionaldistress. The author agrees to define the connotation of emotional distressin narrow terms. In the mean time, the author defines what’s thedeterminative standard of liability for compensation of emotional distressby combining theory of tort law and legal practice.In the second chapter, the author analyses the determinative standardof liability for compensation of emotional distress in China by combiningstatutory laws and legal practice. The premise of define the standard is toconfirm spiritual damage compensation scope, tort liability law stipulatethe range of the mental damage compensation as "personal rightsdamaged". The author concludes the determinative standard of liability forcompensation of emotional distress in China and gives it an evaluation.This thesis agrees that we should broad the scope of compensation ofemotional distress, and concludes the determinative standard from the angle of four constitute factors and practical situations.In the third chapter, this thesis tries to analyses the determinativestandard of liability for compensation of emotional distress in America,which can help us learn the development of institution in America, and issignificant to perfect our law. There are intentional or negligent inflictionof emotional distress in America, and in negligence that is from twoaspects of prime victim and the third party. The author concludes thedeterminative standard from the angle of constitute factors, statutory lawsand a series of rules established by cases, and compare to our standardfrom the aspect of law tradition, culture, etc.In the fourth chapter, author tries to discuss how to formulate ourown determinative standard and propose several suggestions for itsperfection. Through comparing the American standard with ours, we canlearn some new and effective rules to improve our deficient law. Due tothe difference between USA and China in many aspects, however, wecannot simply copy its law.