Research On The Third Party Of Nervous Shock Compensation System In China

About compensation for mental damage,China's "tort liability law" article 22 is such regulations,infringes on the personal rights and interests,causes severe mental harm to others,the patentee shall have the right to request compensation for mental damage.Damages from the basis of the law(including life,health,body,property ownership,etc.)are violated when to claims for damages,extend to mental damage compensation,is one of the main legal progress.However,as China's economic and social development and change people's way of life,to the general personality right disputes increasing the number of claims for the cause of action,the role of the mental damage compensation system increasingly prominent.In reality,there are some damages in the spirit of purity for the claims of the case,but our country existing law blank and can't very well solve such cases,there are around the court in different referee basis for judgment of law.This paper discusses the "shock damage" compensation system in Anglo-American law,and introduces its origin and interpretation of its meaning by different scholars.The author believes that shock damage should be the serious mental harm suffered by the third person outside the direct victim after the infringement.At the same time,introduced the main theory about the nature of the three:direct damages,indirect damages and spiritual damages subject range,said seriously after comparison and analysis of advantages and disadvantages of the doctrine of the three,the author thinks that such damage shall be the direct damage.This paper demonstrates the rationality of this system in China from the aspects of legislative trend,legislative intent and jurisprudence principle,and lays a theoretical foundation for the establishment of this system in the future.In addition,the author introduces the laws of Anglo-American law system,the law of the United States and the United States and the German law of continental law system.The author thinks,should through the system design to build a legitimate and reasonable third person shock damage compensation system,in order to achieve the purpose of relief for the victims,so this article from the constitutive requirements and the calculation of damages compensation,thought the third shock damage constitutive requirements in the case,except to meet the requirements of general tort should also add the limitation on the right main body,at the same time aware of the two special requirement.Finally,from the perspective of jurisprudence,the rationality of the existing legal system is discussed in the framework of the existing legal system,and the idea of a third person shock damage compensation system suitable for China's national conditions is explored.