Study On Compensation Liability For Nervous Shock Of The Third Party

The nervous shock of the third party is referred to the third party's physical or mental illness which caused by his or her experience,by witnessing or hearing of another person's serious injury or death.It is the general form of tort liability that is resulted from the infringement of the third party's rights of life and body and it is different from the spiritual damage compensation and non-property damage compensation.Besides,the method of empirical study is adopted by this article.By summarizing and analyzing the judicial cases about the nervous shock of the third party,the conclusion can be drawn that the different laws are used to dealing with these cases by judges.The original problem is due to the lack of the elements and the compensation liability in the cases of the third party's nervous shock.Therefore,by analyzing and drawing lessons form the related theory in the United States and Germany,this research aims to adopt the fault liability principle to these cases related to the nervous shock of the third party,which is distinct from the spiritual compensation of the deceased's relatives.The main new idea of this article is that the third party not only conclude the near relatives,but also include the life companion,the vulnerable groups such as the old man,the children and the pregnant women and the third person in dangerous ares.The infringer,who should take on the compensation liability,is responsible to pay the property damage and spiritual damage.