A Study On The Compensation Liability For Nervous Shock Of The Third Party

The study on the compensation liability for Nervous Shock of the Third Party has gradually become the focus of tort legislation in various countries while the spiritual interests get more and more attention. There are some cases of this type in judicatory practice in our country, but due to the lack of responding law and legal provisions on this problem, so that the spirit benefit of the third party can not get a good protection.As a result,it’s necessary to study the compensation liability for Nervous Shock of the Third Party.Preface, text and conclusion are the three parts of this thesis. And the text is divided into four chapters.In Chapter One, the writer firstly gives a definition to Nervous Shock of the Third Party, and then analyze its legal characteristics, at last demonstrate the necessity of the establishment of this legal system.In Chapter Two, the writer discuss the reason why we should apply the Principle of non-fault liability in the compensation liability for Nervous Shock of the Third Party.In Chapter Three, the writer will combine with the experience of foreign countries and China’s judicial practice, separately embarks from the infringing act, damage, causality and the design of the statute of a subject, give some advice on how to construct the specific content of the compensation for Nervous Shock of the Third Party.In Chapter Four, the writer will combine with the negligence of the direct victims an the third party to discuss the Calculation and Deduction of Solatium for Nervous Shock of the Third Party.