Study On Tort Liability For Nervous Shock Of The Third Party

As for the compensation for the third party’s scare damage,China’s legislation and judicial practice are relatively conservative.The law only gives relatively limited attention to the security needs of the third party’s spiritual field,and the research on this issue in the theoretical circle is not perfect.Because there are no uniform legal provisions that can be invoked,the courts have different judgments in the same type of cases when dealing with such cases.Individual courts hold a firm attitude of not giving relief to the frightened damage of the third party,so that the legitimate rights and interests of the victims have no corresponding litigation channels to request legal relief after being damaged.Individual courts agree to the compensation request of the third party for frightening damage,but do not stipulate the necessary restrictive conditions,which has the risk of causing a flood of abuse of litigation.The above treatment methods have the risk of weakening the credibility of the law.This paper makes a more perfect and detailed combing and summary of "tort liability for third-party frightening damage",and defines its definition,types and core problems.On this basis,through the observation of comparative law,this paper introduces and summarizes the current legislative status and practical practices of various countries on the tort liability for third-party frightening damage.By comparing typical civil law countries and common law countries,it can be seen that although countries deal with third-party scare infringement cases in different ways,they are similar in the subject of complaint,the degree of third-party harm to scare and other factors.Among them,Germany has the strictest requirements for the third party’s frightening damage;The changes in the case rules of the United States and the United Kingdom on scaring third-party damage reflect their flexibility in case management.Through combing,the author believes that the scope of limiting the subject of the third party should be the third party whose spiritual interests are seriously injured,rather than the close relatives whose spiritual interests are seriously injured.The third party’s compensation liability for mental damage should be fault liability.In order to determine the compensation liability of the infringer,it is necessary to have a subjective fault in the implementation of the tort.The subjective fault of the infringer is intentional or gross negligence.To determine whether the infringer has violated the duty of care,we need to fully investigate.Causality can be tested again according to the theory of the protection of the purpose of laws and regulations,and can be connected with judicial practice in combination with the rules of duty of care.The third-party startled damage belongs to the scope of the protection of the purpose of laws and regulations,and strive to be recognized by legislation or judicial interpretation in the future.Under the background of the civil code,this paper combs the problems and disputes existing in the tort liability of the third party for frightening damage in China,and discusses whether it can be connected and integrated with the personality right and tort liability.