Study On The Legal Systems Of Third-party Mental Damages Compensation

With the advancement of society and the development of human rights protection systems,people are paying more and more attention to their own rights and interests.In addition to property rights,the protection of personal rights has received increasing attention.Cases of compensation for mental damage in society occur constantly so that more and more people are beginning to seek for legal protections.In general case of compensation for mental damage,the mental damages of the direct victims are relatively easy to determine and gradually protected.However,due to its particularity,there is no perfect legal system for third-party mental damages,and relatively few remedies are provided for it as well,the only legal regulations also have many drawbacks,so that it is of great significance to study and perfect the compensation system for third-party mental damages.Starting with a review of third-party mental damages,this paper examines the relevant regulations of extraterritorial countries,summarizes the deficiencies of China’s third-party mental damages system,and provides the corresponding suggestions for improvement.The main content of this paper is as follows: First,it defines and clarifies the basic theory of third-party mental damages,including the concept,nature and characteristics of third-party mental damages,analyzes the content and legal relation of third-party mental damages,and clarifies the criteria of liability of third-party mental damages.Second,it studies the basic regulations of the third-party mental damages system in extraterritorial countries.Through analyzing and organizing the constituent elements,subject of claim,ways of compensation and rules of calculation for the third-party mental damages system in the UK,the US and Germany,the paper draws inspiration from the third-party mental damages systems of these extraterritorial countries to China.Third,it demonstrates the problems in China’s third-party mental damages system and determines its defects in the constituent elements,subject of the claim,criteria of liability,scope of application,and methods and standards of compensation.In the end,it provides suggestions to address these problems and defects.