Third-person Mental Damage Compensation Research

With the continuous development and improvement of the human rights systems in various countries in the world,the protection system of human rights in various countries is written into the national constitution to better protect people's spiritual interests.Countries also protect people's spiritual interests and demand moral damage injudicial practice and theoretical circles.The topic of protection has never stopped,and it has become a topic of increasing concern.Regarding the concept of compensation for third-party moral damages,the legal design of the system of compensation for third-party moral damages in the civil law system and the common law countries,what is the enlightenment to China and the concept of system design in China,the paper will discuss the above core issues.analysisThe concept of first-and third-person mental damage compensation.Firstly,the nature of the problem and the definition of the third party's scope are analyzed.Finally,the legal basis for the third party's claim for moral damage compensation is proposed.Second,the system design of the Chinese,English,and German countries in the civil law system and the common law system.Firstly,it analyzes the legal system design of the third party's moral damage compensation in the United Kingdom and the United States in the United States and the United States;secondly,it analyzes the design of the third party's moral damage compensation in the German law of the civil law system;finally,it points out the problems in our countryThird,conceive the third-party mental damage compensation system in China First of all,it is necessary to expand the right to life of third-person moral damage compensation to extend to the right to health and the right to extend the right of identity from parental authority to the law of relatives;secondly,to conceive the general infringement of third-party mental damage compensation in China,to satisfy subjective faults and damage consequences,causality,damage behavior;Finally,according to different identity relationships need to meet special constitutive elements,the third person should have a close relationship with the direct victim's emotional closeness,time and space,the determination of the consequences of damage.