Research On The Third Party Mental Damage Compensation Problems

In recent years,that the cases of the third party mental damage compensation frequently occur in the judicial practice of our country indicates that the current infringement of the third party mental damage is no longer an accidental and individual infringement,but has the trend to develop into a common and typical infringement.In view of the related theory research on the third party mental damage compensation system is not mature enough in our country at present and there has space for discussion in many places.Therefore,author decides to take the third party mental damage compensation problems as the research object of this article.The article will be divided into four parts in the content.Firstly,there is a simple introduction of the concept on the third party mental damage.Secondly,it points out the court in dealing with such cases usually facing the three problems in the judicial practice of our country.Such as,the nature problem of the third party mental damage,the problem of the basis of claim right and the problem of basis of ruling.Aiming at these three questions,the paper gives a detailed discussion and corresponding suggestions are given on this basis.Thirdly,it researches the origin of the third party mental damage compensation system—shock hit theory in common law system countries,from concept to the evolution of the specific rules.Through the research,the article comes up with some specific methods that worth our country learning and referencing on the third party mental damage compensation problems.Finally,aiming at the problem existing in the current legislation of the third party mental damage compensation system,the article puts forward some specific perfecting suggestions.I hope through the research of this article can give rise more attention of scholars to the third party mental damage compensation problems,and promote the third party mental damage compensation system of our country further developing and perfecting.