Research On Nervous Shock Of The Third Party

Many countries in the civil law system such as Austria,Switzerland and Germany,as well as countries in the common law system such as the United Kingdom and the United States,have made systematic and in-depth studies on nervous shock of the third party in their long-term practice.Research on issues related to the compensation of nervous shock of the third party is insufficient.Different views and legislation of different scholars are not yet mature.In practice,there have been cases of nervous shock of the third party in our country,but the legal basis cited by different courts in relevant judicial practice is not uniform,and the results of judgments are also quite different.After the Civil Code came into effect,the relevant regulations have changed,which has had an important impact on the research on the problems related to nervous shock of the third party in our country.Therefore,it is necessary to think from a new perspective and strive to find the most suitable solution for our country.There are three main research methods used in this article.The first is the literature research method.The literature is the source of the paper writing.Scholars at home and abroad are valuable for the study of nervous shock of the third party.We can learn a lot about solving the related problems of nervous shock of the third party from the analysis of the literature written by each scholar.The second is comparative analysis,which can intuitively reflect the differences between the compared objects,and can help us analyze the strengths and weaknesses of different models,so as to further seek the best solution.This article will deal with the comparison of relevant domestic legislation with that of other countries,the comparison of the judicial practice of cases about nervous shock of the third party in different countries,and the comparison of different views of domestic scholars on issues related to nervous shock of the third party,etc.Extract the most suitable scheme for our country.The third is studying cases.Studying cases,especially cases in judicial practice of our country,is indispensable for the study of nervous shock of the third party.Only by in-depth analysis of judgments on such cases can we understand the shortcomings exposed in my country’ s judicial practice,prescribe the right medicine,conduct targeted research and make recommendations.Nervous shock of the third party refers to damage caused by a third party being frightened due to a tort.Before the Civil Code came into effect,there were two most typical problems in the trial of related cases.The first one was to determine under the premise that there is an indirect causal relationship between the infringement and nervous shock of the third party,the infringer shall pay the spiritual comfort money in accordance with the rules of the deceased’s close relatives’mental damage compensation;the second one is to determine the infringement and the third party’s damage result under the premise that there is no causal relationship between the two parties,the two parties shall share the loss in the application of fair liability.The application of the rules for compensation for mental damage to the close relatives of the deceased is derived from improperly expanded interpretations of relevant legal provisions,so it is unreasonable;before the Civil Code came into effect,the application of fair liability to relevant cases was often caused by the misjudgment.After the Civil Code comes into effect,judges can only apply fair liability within the statutory scope,and nervous shock of the third party is not included in statutory scope.Therefore,judges cannot continue to apply the fair liability rules when trying such cases in the future.Nervous shock of the third party is direct damage,and the results are divided into mental health damage and physical health damage,which belong to the damage to the right to health.Because of the special features of nervous shock of the third party,in order to prevent the infringer’ s liability from being excessively aggravated,it is necessary to limit the scope of nervous shock of the third party.Therefore,special requirements should be added,including the limitation of the third party’s scope,time and space conditions,restrictions on infringements,restrictions on damage to victims.When making compensation to the third party,the mental health damage and physical health damage suffered by the third party due to fright should be deemed as personal damage,and the third party has the right to request the infringer in accordance with the provisions related to personal damage in the Civil Code To compensate for their men tal and material damages,the amount of compensation shall be determined in accordance with the relevant provisions of the Judicial Interpretation of Compensation for Personal Injury revised in 2020 and the provisions of Article 5 of the Judicial Interpretation of Compensation for Mental Damage revised in 2020.