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船员近亲属的反射精神损害具有可赔偿性,应纳入侵权法的保护范畴。为扩大精神损害赔偿的保护范围,实践中存在立法论和解释论两种进路,现阶段宜采纳更具可行性的解释论进路。在司法实践中,应处理好反射精神损害与关联制度之间的关系,以实现对船员近亲属的全面保护。
Reflect mental damage of close relatives of crew members are compensable and should be included in the scope of protection of tort law. In order to expand the scope of the protection of mental damages, there are two approaches to legislation and interpretation in practice. At present, it is appropriate to adopt a more feasible approach to interpretation. In judicial practice, the relationship between the spirit of reflection and the related system should be dealt with so as to realize the full protection of the close relatives of the crew.