Research Of Typical Types Of The Mental Damage Compensation Of The Third Person

At present, man is no more satisfied with the protection of property rights and theexternal material world in civil law in modern times, but rather turns to pay attention tomaintain the peace of the inner mental world. To perfect and expand the system ofcompensation for mental injuries is one of the developing trends in modern civil law. Thefocus on mental injuries has spread from a direct victim to a third party, which reflects thistrend. This paper makes a comparative study through the basic theoretical analysis ofcompensation for mental injuries, so as to propose several suggestions to the developmentof the system of the compensation to a third party for mental injuries in China.This paper is composed of five parts.The first part discusses the concept, nature, classification of the mental injuries to athird party. The discussion about whether the nature of the mental injuries to a third partyis a direct damage or an indirect one, is significant solely on the protection of the thirdparty. The classification of the mental injuries to a third party is to pave the way for themajor discussion of classical types of the compensations to a third party for mentalinjuries hereof later.The second part discusses the verifiable compensation to a third party for mentalinjuries. It has observed the legislature, legal precedents and theories of several typicalcountries in two legal systems. And then, the author discusses the special constituents forthe compensation to a third party for mental injuries combining with the experience of theverifiable compensation to a third party for mental injuries in every country.The third part analyses the presumable compensation to a third party for mentalinjuries. Firstly, it makes a comparative study on the presumable compensation to a thirdparty for mental injuries; then it analyses the category of the protected object, the claimbasis, the scope of a third party and the exercising way of the claim in the presumablecompensation to a third party for mental injuries.The fourth part analyses the relationship between the verifiable compensation and thepresumable compensation to a third party for mental injuries. Although there are lots ofdifferences between the two kinds of compensations, there is also the competition of the right of claim.The fifth part analyses the system of the compensation to a third party for mentalinjuries in China and offers some advices. The provisions in this aspect is veryconservative in Chinese laws, for there is no provisions on the verifiable compensation toa third party for mental injuries and there are many defects in the provisions on thepresumable compensation to a third party for mental injuries, for instance, the scope of theobjects for protection is too narrow, the scope of a third party is not clear and definite, etc.This paper puts forward countermeasures based on the dialectical reference of theexperience on comparative law and the analysis of the legislative and judicial practices inChina in the end.