Nervous Shock In Anglo-American Law And Its Reference To China

Nervous Shock is an independent claims of tort damages, which originated in Englishlaw for a long time. Gradually many Anglo-American legal systems countries learn to usethe nervous shock damage compensation system, but there is a debate never stoppedwhich nervous shock damage compensation system may lead to excessive litigation andfalse complaints. Chinese legal system have not used it, but as development of societycontinues and progress of people’s awareness of their rights is not just limited to the reliefof material power, and to ask the protection of the spiritual interests of the relevantrequirements of the cases of compensation for moral damage, I believe that some aspectsof nervous shock are supplement and perfect for the spirit of the compensation system ofChina. Nervous shock system is not only suitable for the direct victims, under certainconditions also apply to indirect victims, which is a highlight of this system. After thelong-term theoretical development, and a large number of cases of judicial practice,Nervous shock in the common law system has been improved to a system. This articlemainly uses literature study method to research and exploration nervous shockcompensation system. There is much excellent experience in the design of the system,such as different duty of care on the different defendant (the direct victims and indirectvictims), reasonable claims range, rules of the danger zone, the control mechanism rules,and simply operation compensation methods set in judicial practice. Based on experienceof foreign country nervous shock system to think how to design a mechanism for Chinesenervous shock compensation system, and improve our moral damage compensationsystem.