Research On Compensation For Third-party Nervous Shock Damage

In real life,the third person will suffer a kind of shocking damage.The damage is due to the third person witnessing the entire infringement act on the direct victim at the scene of the infringement accident or the third person who is a close relative after the accident.He arrived at the scene of the accident within a relatively short time.He saw the tragic scene of the accident and his spirit was greatly affected.The direct victim's damage can be remedyed,but there is no specific provision for relief for this damage in China's laws as to whether a third party who has suffered terrified damage as a result can obtain relief.However,in judicial practice,there have been cases where a third party has filed as a plaintiff to claim damages.Due to the lack of clear and applicable legal provisions,judges may have discrepancies when making judgments in such cases,and there may be confusion in judicial decisions.Therefore,through the discussion and analysis,this paper concludes that China should affirm the compensability of the third party's shock damage.Secondly,under the premise of maintaining the stability of the existing legal system in China,the violation of the right to health can be used as the basis for the right to request compensation.At the same time,the identity of the third party should not be limited to close relatives,but should address the identity of the third person by doing restrictive expansion.Finally,by constructing a third party's liability system for danage compensation for shock,balancing the relationship between compensation for shock damage and freedom of behavior,the liability limits of infringers should be clarified to provide a reference for the practical treatment of third party's damage compensation for shock.