Research On Nervous Shock Compensation Claims Of Third Person

The first chapter introduces the third person’s nervous shock damage.Referring to the mental and economic damages that caused to the third party by witness the accident which cannot be recover in a short time or which is repeatedly.The mental distress damage caused by witness must beyond the tolerance of the society.The article distinguish the damage aroused by knowing the death of relative with the damage aroused by witness the procedure or the scenario of the death of relative by cases analysis.By doing this the court could avoid ignoring the damage aroused by witness the procedure or the scenario of the death of relative and avoid the confusion of the rights of obligee.The second chapter describes the basic principles of nervous shock in German law.The third party need to prove that the law stipulate the right to claim for compensation of mental damage.In Germany,the third party required to meet the threshold to claim for mental damage Compensation that others are violated as a result causing damage to their mental or physical health.On English law,nervous shock referring to the damage arouse by witnessing that their relative got hurt.The claim for nervous shock compensation in England need the claimant to prove thatthere are proximity of relation,time,occasion and relationship.By analysis English law and German law,this paper came to the conclusion that nervous shock damage to the ability of a person to restore normal life after an accident which including damage to either or both mental or physical health.The right to claim for nervous shock compensation is an independent right with heddle the damage arouse by witness the procedure or scenario of the death of the third party’s relative.The third chapter try to settle the question of the application of the third party nervous shock compensation by interpreting and applying the existing laws to deal with the problem.The article explained the four elements of holding nervous shock.(a)illegality.Infringer’s action is illegal which cause the death of the victim that result in damage to the third party who is a close relative of the victim and who also witnessed the scenario of the death of the vivtim.The illegality of the infringer’s action requires not only the front of the infringement behavior is lethal illegal,but also adversely affect to a third party’s rights.(b)Damage.The damage of the third party nervous shock referring to the fact that the third party cannot restore normal life accompany with mental or physical diseases caused by mental shock of witnessing the accident which cause the death of their close relative.(c)Causation.There is a causation between the infringer’s behaviors with the damage.(d)Liability.There is a intention of the infringer to the third party’s nervous shock if the infringer knowing the thirty party is within the impact of the infringement and can witness it.There is a negligence of infringer to carry out the infringement without foresee that the third party may witness the accident and result in nervous shock when its foreseeable.The fourth Chapter describes others perspectives of the application of a third person nervous shock compensation.Our laws restrict the application of the third party nervous shock compensation.The purpose is to prevent the unreasonable restriction of citizen behavior,which also stop the abuse of the power of judicial institution.