Damages For Direct Victims Of Pure Psychiatric Illness

This paper discusses that the tort only cause pure psychiatric illness to the direct victim. "Pure" is to say that :1)there is a direct causation between the tort and psychiatric illness;2) pure psychiatric illness is not produced by physical damage or special property damage, etc. The situation that psychiatric illness someone suffering result in material damage belong to the scope of this article.The damages for direct victims of pure psychiatric illness rise in Anglo-American law system countries. the common law practice only apply for the case of sudden mental injury such as nervous shock in the early stage, extending to work condition latterly. From the point of view of responsibility constitution, the common law practice distinguish between intent and negligence. In the situation of intent, the composition of the liability for compensation involves tort, causal relationship and the scale of mental injury; In the situation of negligence, the common law practice set a reasonable foreseeability rule that reasonably foresee the risk caused by his tort may cause physical damage, not reasonably foresee the risk resulting in the victim’s spiritual damage at the same time. From the point of view of compensation, the common law practice tends to damages for the principle, through a certain loss calculation method to determine the specific losses, to compensate for the damage.There isn’t a damages for direct victims of pure psychiatric illness in our country, but the judicial practice in certain conditions provides direct victims with a way obtaining compensation to pure psychiatric illness. However,logic cognizancing of tort liability and determining the amount of compensation is confused. In terms of compensation, soothing compensation act as a principle of the general standard of compensation for mental injury. The practice is not consider the differences between pure psychiatric illness and mental injury caused by personal injury, and don’t pay an attention in the purpose that Whether the soothe compensation can play a role of the spiritual comfort of the victim. In view of our country legislation and practice on this issue in a number of deficiencies, this paper combined with the practical experience of the common law countries, discuss the establishment and practice of the system,and try hard to improve.