On The Third Party Compensation For Moral Damage

The moral damage of the third person is the general term for the restless, apathetic, and despair spiritual damage caused by the third person who heard or witnessed the serious damage caused by the direct infringement. As a general tort of infringement of a right to health, the compensation elements which should be in line with the general tort liability, but because of the particularity of moral damage of the third person, resulting in the composition of its liability has its own characteristics.The source of the spirit of a third party for damages from Britain, with the rapid development of modern human rights system, the civil law and common law countries have gradually established the spirit of the third person for damages system, and the two legal systems have recognized the moral damage of the third person the standard of compensation elements is essentially the problem of legal policy and limitation of liability, so countries have to develop its own national conditions and legal traditions of the distinctive spirit of a third party damages system. Differences in national legislation is mainly reflected in the scope of the spirit of the third person, damages and Elements, and its essence through the establishment of different legal systems, take full advantage of the scope of responsibility of the respective legal technical specifications tortfeasor, the appropriate control petitioned the range of compensation for the third person, third person in order to prevent abuse complaints lead to a waste of judicial resources.Through the concept of the spirit of the third person, damages, characteristics, nature and explore the feasibility analysis, and laid the theoretical foundation. In the theory of damages the spirit of the third person is a product of the human rights movement, the breakthrough of traditional tort law in favor of the indirect victims, combined with the judicial practice and doctrine on the definition of the nature of their elements by in-depth studies. On this basis, combined with the investigation of extra-territorial law, do in-depth discussion of the status quo of China’s third moral damage compensation system, from which to explore China’s third moral damage compensation system defects, the defects:Legislative, scattered The lack of systematic operability; third person too narrow in scope; the compensation was too narrow; the spirit of the amount of damages to the lack of a clear positioning. Finally, the ultimate purpose of the article written to fully draw on domestic and international judicial practice and the latest theoretical results on the basis of defects of the System of Compensation for the spirit of China’s third constructive suggestions, The specific recommendations are:1、to protect third party interests of the center, the establishment of a unified system of compensation for moral damage;2, drawing on the practices of the United States of France, France and France and Japan and France, and appropriate to broaden the scope of a third person;3, under the premise of setting strict elements, the establishment of any third moral damage compensation system;4, broaden the type of infringement of the virulence of the right to life, to establish the principle of "full compensation" compensation mechanism;5, Straighten out the idea to establish the principle of compensation to the discretion of the compensation-based, supplemented by limited compensation;6, explicitly provide for compensation for the most high, while the maximum amount of a breakthrough to be strictly limited. Trying to perfect the spirit of China’s third damage compensation system can be useful.