Third Party Startle Damage Compensation Research

Although the concept of third party scaring damage is rarely involved in our country,there are many cases about third party scaring damage in practice.On the one hand,with the rapid changes of the society,the tort cases become more and more complex,and one tort may cause damage to the rights and interests of several people;On the other hand,with the improvement of people’s awareness of legal rights protection,more victims of shock damage take up legal weapons to safeguard their legitimate rights and interests.For this problem,a considerable number of foreign countries have dealt with it legally and formed a relatively mature remedy approach.In the context of the Civil Code,how to have a clear understanding in theory and solve the chaos in judicial practice remains to be further discussed.This thesis firstly analyzes the concept and nature of third party fright damage,which refers to the third party,under the action of tort legal act,who witnesses the occurrence of tort or arrives at the scene within a reasonable time after the accident and is impacted by the tragic scene of the accident scene,causing medically determined mental damage.The nature of such mental damage is a kind of direct damage.The third party thus injured may claim damages separately.However,in practice,the processing results of many cases are different.Through the analysis of typical case judgment results,it is found that there are some problems in the processing of third party scare damage cases.Article 1104 of the Civil Code clearly states that the right to health includes physical and mental health.By interpreting damage by fear as damage to mental interests,namely damage to mental health,and incorporating damage by fear into the connotation of the right to health,combined with article 1183,paragraph 1,of the Civil Code,which stipulates the general elements of mental damage,through legal interpretation,The existing legal provisions can be used to judge the third party scare injury in practice better.Finally,in determining that the tort infringes the rights and interests of the third party and leads to scare damage,it is necessary to reasonably define the liability of the infringer and determine the scope of compensation so as to better safeguard the rights and interests of the victim.