Study On Compensation Liability For Nervous Shock Of The Third Party

With the rapid development of modern society,people's awareness of their own law has also begun to increase,as well as the complexity of interpersonal relationships.The legal relationship under Tort also gradually evolved from the one-way relationship between the perpetrator and the victim to the two-way relationship between the perpetrators and the victims,and even the triangular relations.The compensation liabilities of Nervous shock is such a triangular relationship that infringement not only caused the object of direct acts of behavior has been harmed,but also for the third person who witnessed the entire violations and the consequences of damage caused by frightening damage.It is self-evident that the perpetrator should be compensated for the direct victim's injury,but there are different stipulations in different countries as to whether the third party thus harmed can provide compensation.Within the current legal system of our country,there is no specific regulation on the third person who suffers from the damage of nervous shock.However,in the judicial practice of our country,the claim of the third person who has the claim for compensation liabilities for nervous shock has appeared one after another.Due to the lack of relevant laws,our courts have great differences in handling such cases,affecting the authority and unity of our law.The first part,starting from the specific case,through a comparative analysis ofcases,the author finds that our courts have different understandings about whether third-person damage of nervous shock can be compensated,and that for courts that recognize the third-person frightening damage,The basis of the right of claim applicable in the reasons for the sentence is different.Therefore,the author mainly studies the third party's system of frightening damage compensation from these two aspects.Before researching the problem,we first outline the system of compensation for the damage of nervous shock in foreign countries,including the definition of concept,content and nature.The second part,it is clear whether it is necessary to make compensation for the third person who scared the damage.The author believes that the third person shock damage is infringed upon the spiritual interests of people,early people think that mental damage is negligible,but this theory with the rapid development of medicine was broken,but the spiritual damage of the abstract and subjective,The damage caused is difficult to identify,but it has long been difficult to be resolved.What is more,the third person is different from the ordinary mental damage.The particularity lies in the unspecific nature of the third person.It is difficult to divide the boundary between compensation and non-compensation,and the existence of the limitation of liability becomes very necessary.Therefore,this article will be followed by a special chapter on the conditions of liability limitation.The third part mainly analyzes the basis of the right of third party mental damages.Through a brief analysis of the legislative cases in various countries,the basis of the right of claim is divided into two categories,one is the civil law countries and the other is the common law countries.Civil law countries,by not recognizing the independent legal interest of spiritual interests,require that the third person's shock be harmed to the detriment of the right to health,thereby deterring the third person to be a direct victim to third-person deception damage,Scared damage to provide relief path.The common law countries,because the spiritual interests as an independent legal interest,therefore,to avoid the damage of the third party as indirect damage can not be compensated dilemma.Secondly,it mainly analyzes the limitation of liability constitution.Mainly fromthe common law system of the common law countries to start with the control mechanism to study the composition of the constraints of liability.English case law differentiates between primary victims and secondary victims.Primary victims are put in danger of physical impact by the accident;secondary victims are put not in danger of physical impact,and limited by proximity of relationship,of time and space,and of perception.The fourth part,On the basis of the here in above theory,the third part searches the basis claim of damage compensation of nervous shock to the third party in the Civil Law.The mental interest is not legislatively protected as an independent right in current legal system.How to confirm the basic claim without breaking through the existing legal frame? The writer considers that the remedy is valuable when the damage is so serious,that it may causes mental disease referring to the practices in countries with civil-law system.This kind of mental disease can be considered to be the infringement to health.The victim can claim the damage compensation for the infringement of the right of health.