The Study On Interintional Infliction Of Emotional Distress

Intentional Infliction of Emotional Distress, means intentionally causing serious mental damage with or without physical injury tort, the Torts regard it as an independent form. In the definition of Intentional Infliction of the Emotional Distress, domestic scholars are discussed, but the public opinions are divergent, no conclusion. The author thinks that the application of "deliberately cause mental suffering"can best reflect the rich connotation of the concept itself. Its features can be summaries like that:first, it is a kind of non physical pain. Second,it is independent of others. Third, It is very difficult to prove. Forth, it is easy to induce excessive litigation, false action. Intentional Infliction of Emotional Distress is different from Negligence Infliction of Sever Emotional Distress, and it is also different from Nervous Shock.The protection of the interests of the peace of spirit can be traced back to Rome law period. British law early established more stringent liability for general carrier for the passengers’emotional distress.The United States tort law to intentionally infliction of emotional distress has gone through three stages of development. First, the first "restatement of tort law" admitted intentionally infliction of emotional distress compensation system only in special field, second, the first "restatement of tort law" supplementary regulations of the general case intentionally infliction of emotional distress compensation system. Third, the second restatement of tort law made detailed provisions to intentionally infliction of emotional distress. The United States tort law makes the emotional distress damages into the direct victim distress damages, and third people of emotional distress. Elements of direct victim liability mainly includesl:Subjective:intentional, reckless; Objective:that extreme, outage;Results:severe emotional distress. The United States tort law in the establishment of identification of such violations, generally do not consider the causality between behavior and consequences of the credit, it is the causality presumption.The United States tort law in the determination of deliberately causing damages of mental anguish, determined the complete compensation rules. It Clearly defined the compensation standards, the amount of compensation, and liability limits.By the early legislation in our country the influence of the Soviet Union, we denied compensation for spiritual interests for money.However, recent development in legislation, China has gradually established a system of compensation for spiritual damages. Compared with the United States, we don’t have the legislation about intentional infliction of emotional distress, and we don’t protect the rights and interests of the spirit of peace as independent rights. So assume liability for compensation for emotional distress is still based on the damage of foundation rights and interests We still have the problem of fuzzy elements, liability is not clear, system defect. Therefore, our country should improve in tort law system of compensation for emotional distress, to establish complete spiritual damage compensation system.