Research On The Issue Of Compensation For Third Party Mental Damage

With the constant improvement of the system of compensation for moral damage, mental damage extended from the direct victims to a third party. At present the issue of compensation for moral damage to the third person is still relatively conservative. Throughout the Two national legislation and practice, spiritual damages or third party claims based horror cases(Germany and France consider this case against the third party the right to health itself) is generated, either based on a violation of third the identity of the rights and interests arising. Based on the spirit of the third person damages the basic theory are introduced on the use of methods of comparative law studies on two types of Two Schools in the third person moral damage were analyzed and compared. Aims to discover the spirit of the people of the Third damages in the deficiencies and loopholes for the Improvement of Mental Compensation Third Party put forward reasonable proposals.This paper is divided into four parts:The first part of the spirit of the concept of third party damage, the nature of discussions, the reader for the third person to have a preliminary understanding of moral damage compensation. Its significance lies in the later third person to further demonstrate the spirit of damages done theoretical groundwork.The second part of the third person horror-based compensation for moral damage caused by the cases discussed. Two Schools of several typical national legislation, jurisprudence, doctrine were studied. Clear their own development process, and gradually improve the legislation of the criteria.The third part is based on two legal identity moral damage arising from the right of comparative analysis. States the type of third party compensation for moral damage differ on the scope of the third person, the applicable conditions, but all the right to life against the direct victims, the right to health caused moral damage to the protection of close relatives.The fourth part of the present situation of the third party compensation for moral damage is analyzed and put forward a sound proposal. Our laws take a conservative approach in this regard, no provision for mental damages based third person horror case generated. For the third person the right to compensation for moral damage based authentication also there are many need to be perfected, such as subject matter of protection is too narrow. In this paper, drawing on the experience and comparative law analysis of our legislation, judicial practice, this proposed countermeasures in dialectical.