The Research On The Issues Of Nervous Shock System Of Torts Law In China

The nervous shock system is derived from the torts law of the Anglo-American legal system,it mainly protects the pure spiritual interests of third parties other than the parties involved in the torts behavior.The relevant content of the system has not made specific provisions in the legislative system of our country,however relevant cases have appeared repeatedly in judicial practice.Therefore,this paper starts with the cases of judicial practice in our country,and combines the analysis of foreign legislation to try to construct a nervous shock system in ChinaThe first part takes the cases in our country’s judicial practice as the entry point and points out the problems in the judgment of the judicial practice.Then introduces the discussion on the nervous shock in our country’s academic circles;The second part details the relevant regulations of the civil law countries and the advantages and disadvantages of their relief paths;The third part details the relevant regulations of the common law countries and the advantages and disadvantages of their relief paths;The last part attempts to construct a third-person nervous shock system in our own country by summarizing and analyzing the contents of the relevant systems of the two major legal systems.