A Study On The Compensation Liability For Nervous Shock Of The Third Party

In the case of the third person’s shock damage compensation,the third person is an independent claim of damages filed by the direct victim on the grounds that his spiritual interests have been violated.At present,there are no specific legal provisions in our country’s law specifically aimed at the third party’s shock damage compensation system.In judicial practice,some courts expanded and explained the right of claim for moral damage of close relatives of the deceased to remedy the legitimate rights and interests of the third party.Some courts denied the right to claim compensation for moral damages of third parties in such cases.The law is not clear and the nature of the third party’s damage liability is wrong,so that the third party can not get reasonable relief.In view of this,this paper hopes to make a more perfect and detailed combing of the third party shock damage compensation system,and to provide valuable reference for judicial practice and the legislation of the third party shock damage compensation system in China.In addition to the introduction and conclusion,this paper is divided into the following four parts:The first part is the question,by choosing three cases in judicial practice that are similar but have different judgment results and different reasons of the third person’s shock damage compensation cases,carries on the case combing in order to sum up the core problem.It is expected to provide a relatively clear overview of the third party’s liability for damage.The second part is the definition of the scope of the third party,taking the dangerous regional standard as the first threshold to limit the scope of the third party subject,and then further defining the scope of the third party subject with the close emotional connection standard.The third part is the definition of the act of shock.Firstly,the elements of the act of shock are discussed and the illegality is analyzed,and then the rights and interests of the third party are further discussed,so as to clarify the basis of the third party’s claim.The fourth part is the definition of damage,through the first part of the case combing,the third person suffered by the nature of damage to define.Although the shock damage suffered by the third person is included in the general mental damage,it has particularity,so it is necessary to analyze the calculation and relief of the damage combined with the particularity of the shock damage compensation.