Construction And Reference Of The Third Person Scared Damage Liability System In England

The core principle of the tort law as the main law regulating the infringement of the tort is to“let the damage stay where it happened”,that is,when the damage to the right occurs,the victim of the rights generally bears the unfavorable consequences after the damage occurs.However,if the damage to the right is caused by the wilful or negligent infringement of the injurer,the tort law is based on the "filling principle" and is filled through damage to the victim,so that it can be restored to its pre-victim state.At the same time,the boundary of damages must be properly delineated so as not to over-limit the victim's personal development space.The victim's freedom of movement and the need for victim protection can be taken into consideration.However,"Lin Yuwen Zhang Jianbao and other personal injury claims disputes" highlighted the dilemma of the reasonable balance between the rights protection of the victims and the freedom of the victims.The problem of “ The third person scares damage tort liability ”was placed on the table of research and development of China's tort law.The question of the third person scares damage tort liability relates to the issue of the person's claim for compensation for damages when the person suffers damage due to the infringement and the damage affects others who have a specific relationship with the person.This issue has not yet reached a consensus resolution in our country,In terms of comparative law,it is also the key and difficult point in the theories and practice of national tort law.This topic hopes to do a more complete and detailed summary of the third person scares damage tort liability,clarifying its definition,type,and core issues.On thisbasis,through comparative observations,we will accurately introduce and summarize the legislative status and practice of the current British law on the issue of the third person scares damage tort liability.This paper is to be discussed from the following three parts:The first part puts forward questions and correctly understands the concept and definition of the third person scares damage tort liability.It is the premise of discussing and studying the third person's right to start scares damages.This article intends to enter in the first part from the specific case where the third party requests for infringement damage,and then describes the specific situation of the third party requesting the infringement damage,and makes a complete overview of the third party's responsibility for the scares damage and infringement,so as to be able to correctly defined the third person scares damage tort liability.In the second part of the comparative law observation,the England is the first country in the world whose judiciary to give relief to the third person to scare and infringe on tort liability.Its theory and practice related to the third person scares damage tort liability is very rich,and its law The regulations have also been able to balance the protection of rights and the freedom of actions in a more appropriate manner after many centuries of repairs.Therefore,the observation of the comparative law has significance for our theoretical research and legislation.This article intends to briefly sum up the relevant results of the third person scares damage tort liability in England,in order to be able to learn from it and get inspired.The third part is about the establishment of the system for the third person scares damage tort liability in our country.By observing the comparative law,the third part is intended to proceed from the existing legal provisions in China,drawing on the practice of reference law in comparative law.Through the analysis of the current provisions on the third person scares damage tort liability under the framework of our civil law system,clear and definite how to construct a system of the third person scares damage tort liability,and analyze it theoretically to discuss its rationality.