Study Of Damages Of The Third Party’ Nervous Shock In Anglo-ameriean Law System

Nervous Shock is an independent tort claim damages in Anglo-American lawSystem. Usually the American tort law calls mental distress or mental harm.In thistype of infringement, the victim usually has frightened andpsychological traumabecause they witnessed acts of murder，injury or caused by other violent incidents，and therefore claim compensation. This paper introduces the basic theory of NervousShock,andanalyse related theories and case In Anglo-American law system andGermany law.The author thinks that, it is reasonable to draw lessons from thecommon law system of Nervous ShockThis article can be divided into four parts:The first part is a summary of Nervous Shock damage compensation system ofAnglo-American law, In this Part, author introduces NervousShock’s origin andhistory,and puts the interpretation of the term.Nervous Shock is refers to anon-general tolerance recognized psychiatric disorders of direct victims or a thirdperson who suffered a serious blow or sustained stimulation,which was caused by theact’s intention or negligence behavior.The second part is a Nervous Shock damage compensation standard of indirectlyvictims of Anglo-American law. according to Anglo-American tort law,infringer hassubjective intention or subjective negligence，and there is different standard of liability and responsibility for infringer.So the responsibility identification, it shouldbe discussed respectively from tortfeasor’s intentional case and tortfeasor’s negligencecase.The third part is the comparative analysis of the Nervousl shock damagecompensation system.in Anglo-American law system and German lawsystem,Focuses on the components of the third person’ Nervous Shock in GermanlawThe fourth part about thereferenceof Anglo-American tort law on Nervous Shocksystem.The author firstly introduces the spirit damage compensation system of deadrelatives in our country,and then analyzes the similarities between fundamental rightof claim of third person.in China and the common law, then points out that ourcountry can draw lessons from the practice of Anglo-American tort law.