On The Limit Nervous Shock Tort Liability

Nervous shock refers to the intentional or negligence of the infringer causing the person to suffer a spiritual attack in psychiatric or other serious consequences,such as a person who has suffered a mental blow to the tragic condition of another person who has suffered infringement.The compensation system originated in the United Kingdom and was gradually accepted by other Anglo-American law countries and civil law countries.Nervous shock compensation,whether it is in theory or practice,there are always many problems that cannot be solved,such as the victim's loss is difficult to define,too many people are asking for compensation,the torts are difficult to predict,so the courts in various countries treat the victim.The request for compensation always takes a cautious attitude and gradually establishes the system through constant exploration and practice using jurisprudence or laws.There is no direct provision on Nervous shock compensation in China's existing legal system.However,with the development of society and the awakening of self-consciousness,people are increasingly paying attention to the protection of their own spiritual interests,and our country's trial practice in recent years.There have also been cases of Nervous shock compensation,but because of lack of legislative provisions,victims often lodge lawsuits based on compensation for mental damages.In fact,there are many differences between Nervous shock compensation and China's existing Nervous shock compensation.Confusion will not only prevent the victim's rights from being protected,but it may also increase the actor's responsibility and weaken the law's prediction and guidance value.Looking at the course of development of the system in more than a hundred years abroad is the process in which the court balances the rights protection of the victim and the freedom of action of the perpetrator.This trade-off process has always been centered on the responsibility of the infringer.The responsibility of the infringer is the most central issue in the Nervous shock.This article will discuss this issue.The first chapter,first of all,damage to shock the limits of the legal analysis of tort liability,on the one hand is to shock damage compensation system in the existing problems are analysed,on the other hand,combined with the function of tort law,legal analysis,demonstration study shock damage compensation liability limit problem of the necessity and important significance.The scope of this article is limited to the shock damage in the narrow sense,that is,the third person is suffering from the shock damage caused by the fear of the direct victim or the tragic situation of the accident.The second chapter to shock damage compensation system development is relatively perfect British and American method,analysis of the two countries at different stages in different periods of the elements of infringement behavior person responsibility requirements,through the evolution of shock damage compensation system of the common law countries to explore,to establish and improve the system in our country and rationally limit to the infringement behavior person's responsibility to provide reference and reference.The third chapter in the process of construction of shock damage compensation system in China to discuss how to grasp the tortfeasor liability limits,including the current situation of the shock damage compensation in the judicial practice of our country and our country briefly analyzes the existing relevant shock damage compensation law.How to restrict the liability of torts from four aspects,namely subjective aspect,illegal behavior,damage fact and causality.