Study On Liability To Pay Compensation Of Mental Distresss Of Third Party

The institution of Mental Distress of third party,originated from English Law with the history of more than one hundred years,had now been accepted and formed the national characteristics legal system in most common law system countries and continental law system.The Mental Distress of third party,taking place during or after the accident,refers to the fact that the indirect victim caught mental distress because of the stimulation of seeing the doer's tort or hearing about it afterwards.With the development of modern social life,there is an increasing demand of protection of the third party from Mental Distress,with unlucky fact that this is missing in our law system,which extremely counts against the related legal protection of the third party and the stability of society.Thus,this article was aimed to research on the regime of liability system of the Mental Distress of third party,and bring us some importing benefits of law this system.The following parts are included in this article:Part one,Introduction.Literature Review on the institution of Mental Distress of third party was presented in the following three aspects: research objective,research methodology and the introduction and description of innovation points.Part two,the basic theory of the Mental Distress of third party.The concept,feature and legal nature of the Mental Distress of third party were introduced in detail,so as to set up the theory basis of this whole article;Part three,the investigation of Mental Distress of third party abroad.In this part,the writer introduced the history and related law system of the institution of mental distress of third party in both common law system countries(taking France and Germany as an example)and continental law system countries(taking England and USA as an example),and also introduced the present situation and future development of the Mental Distress of third party,which in the end can lead to the inspiration and thinking on establishing our own institution in China.Part four,the special composition of liability system of Mental Distress of the third party.The responsibility of tort would expand,resulting the risk of indiscriminate lawsuit because of the particularity of Mental Distress of third party,which is harmful for the stability of society.In order to balance the freedom of conduct,the rights protection and maintaining social stability of the third party,the comparison between the liability system of Mental Distress of the third party and general torts liabilities was presented in this part.Part five,present situation and construction proposals on the liability system of Mental Distress of the third party in China.It was claimed in this article that it's the principle not to pay compensation,while pay is an exception.The present situation future development of the institution of Mental Distress of third party in China was discussed in this part,which explained the necessity and feasibility of establishing this institution in our country.Meanwhile,the construction and concrete legislative proposals were given in this part through the combining analyzation on the institution deficiency of liability system of the Mental Distress of the third party and the key constituent element of liability system of the Mental Distress of the third party presented above.Part six,summary.A general arrangement and summarization was given in this part.