典型类型的第三人精神损害赔偿分析-民商法学专业论文.docx

华 华 中 科 技 大 学 硕 士 学 位 论 文 II II Abstract At present, man is no more satisfied with the protection of property rights and the external material world in civil law in modern times, but rather turns to pay attention to maintain the peace of the inner mental world. To perfect and expand the system of compensation for mental injuries is one of the developing trends in modern civil law. The focus on mental injuries has spread from a direct victim to a third party, which reflects this trend. This paper makes a comparative study through the basic theoretical analysis of compensation for mental injuries, so as to propose several suggestions to the development of the system of the compensation to a third party for mental injuries in China. This paper is composed of five parts. The first part discusses the concept, nature, classification of the mental injuries to a third party. The discussion about whether the nature of the mental injuries to a third party is a direct damage or an indirect one, is significant solely on the protection of the third party. The classification of the mental injuries to a third party is to pave the way for the major discussion of classical types of the compensations to a third party for mental injuries hereof later. The second part discusses the verifiable compensation to a third party for mental injuries. It has observed the legislature, legal precedents and theories of several typical countries in two legal systems. And then, the author discusses the special constituents for the compensation to a third party for mental injuries combining with the experience of the verifiable compensation to a third party for mental injuries in every country. The third part analyses the presumable compensation to a third party for mental injuries. Firstly, it makes a comparative study on the presumable compensation to a third party for mental injuries; then it analyses the category of the protected object, the claim basis, the scope of a third party and the