| The "Tort Liability Law of the People’s Republic of China",2009, determined themental damage. But for third party who are frightened and then damaged, our countryis still blank in legislation."Nervous Shock" system in Anglo-American law system is explicit stipulation onthis situation. The aim of this paper is to carry on studying the "Nervous Shock"system, clear when third party suffered mental damage, whether he can or can notclaim compensation, the claim’s foundation and the conditions when claim forcompensation should meet.This paper is divided into four parts to the "Nervous Shock" system research.The first chapter is an overview part, starts with the different translations of "NervousShock", clear the meaning of "Nervous Shock". The second chapter is the study of thedefinition of the so-called "damage", explicit the range of damage, as well as thescope of damages. The third chapter is the study of the causation in "Nervous Shock",starting from three angles:“but-for†test, direct consequence rule and the Zone ofDanger Rule. The last part introduces its reference significance to China. Finally, theauthor made a summary to the full text. |
