Font Size: a A A

Research On The Legal Issues Of The Third Party's Liability For Damages Due To Fright

Posted on:2019-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:S L HuFull Text:PDF
GTID:2436330566969111Subject:Law
Abstract/Summary:PDF Full Text Request
The development of the compensation system for mental damage is becoming more and more mature with the comprehensive development of economic society and the continuous development of the concept of human rights.Infringement after the accident,in addition to damaged lead to direct victims,often bring spiritual damage of a third person other than the direct victims,the spirit of the third person suffered damage,light can alleviate through self-regulation,or be relieved to seek legal intervention,the reason a lot of mental injury caused by a third person,are discussed in this paper is a kind of special situation,namely the third person in tort accident is frightened of mental injury,could be called “the third person frightened harm”,this is the third is how to damage the terror of the involved as well as the rights and interests of a third person should be how to remedy the problem.Because our country law does not specify a third person frightened liability for damages,also did not provide handling of such cases and related references,so the court in the judicial practice on the handling of such cases have different form,leading to seek the judicial relief of the third person because there was no legal basis of support and not reasonable relief,at the same timealso caused such cases in judicial practice "connection with different sentence" chaos,affects the authority and unity of the applicable law.This article selects three cases which are similar in our country,but the case of the judgment basis and the result is completely different,the focus of the dispute in the three cases is the starting point.Through the comprehensive analysis of the three cases,the treatment ideas and the judgment basis of the court are compared,and on this basis,the compensation for the damages of the third people is made.The essence of his appointment is carefully analyzed to clarify the difference between the third people's compensation for damage compensation and the compensation for the mental damage of the close relatives in the current system in China,and to elaborate the confusion in the judicial practice caused by the lack of the relevant legal provisions for the loss of the damages of the third persons,and to seek the third people to frighten the liability for damages.The position of the tort law in our country and the foundation of the right of claim;in the construction part of the specific system,we should draw on the United States law jurisprudence and the judicial experience,and put forward the special elements of the third party'scompensation liability on the basis of the general constitution of the tort liability in our country,which will frighten the damages of the third people in our country.The construction provides legal thinking,and puts forward specific proposals from two aspects of judicial application and legislation respectively.In addition to the introduction and conclusion,the text is divided into three parts.The first part is the review of the case and the conclusion of the dispute focus.By reviewing the case,the author restores the development process of the case and provides the support for the next step in concluding the dispute focus.This part briefly summarizes the facts found out by the parties to the case and the original trial court.The reasons for the decision and the content of the judgment,as well as the dispute focus and different views of the case are listed for further analysis of the dispute focus.The second part is to elaborate and analyze the dispute focus and its viewpoints,focusing on the basis of claim for the third party's liability for spooked damage,and synthetically applying the theory of law and tort law.On this basis,the author's views on this matter are expressed.The third part is the case revelation,based on the above case analysis,summed up the lack of the third party scare damage liability related to the legal provisions caused by the judicial practice of confusion.This paper discusses how to reasonably construct the legal problems of the liability of the third party for the compensation for shock damage in China,including the analysis of the legal nature of the liability of the third party for the compensation of shock damage.On the basis of the general constitutive elements of tort liability,this paper puts forward the special constitutive elements of the liability of the third party for compensation for shock damage and the way of its liability,and then puts forward some specific suggestions from the aspects of judicial application and legislation.
Keywords/Search Tags:The third person, Nervous shock, Compensation for mental damage
PDF Full Text Request
Related items