论受害人近亲属的精神损害赔偿

On the Mental Injury Compensation for the Victim's Near Relatives

在自然人因侵权行为致死情形下,死者近亲属应享有自己固有的精神损害赔偿请求权。在受害人致残或遭受其他严重伤害时,法律亦应对受害人近亲属所承受的精神痛苦给予有效的救济,在一定条件下受害人近亲属可主张精神损害赔偿请求权。

When Natural Person died owing to tort act, the victim＇s near relatives should have the fight to ask for mental injury compensation. When the victim is made disable or suffers other severe injury, the law should also offer effective relief to the victim＇s near relatives for their mental suffering. And under a certain circumstances, the near relatives can ask for mental injury compensation.