Criminal Offense Caused Moral Damage Compensation Study

The Constitution regulates the citizen's personal rights are under the protection of the laws, but at the present, there is a big misunderstanding between poorly- compensated spiritual damage upon criminal victims and the increasing requirement to moral rights protection. General ideas from academia tend to two different ones: negative and positive. The author of the article holds that criminal victims' spiritual damage should be compensated. Compensation on spiritual damage is such a mission for the law of torts to protect natural persons' sprits from damaging. In China, the establishment of compensation system of civil tort is an embodiment to carry out all-round protection on natural persons' rights, moreover, it's also the requirement to reach perfection on victims protection system. Therefore, the author finds the supports from the theories concerned the civil and criminal laws and regulations, as well as the academic results from psychiatry, further analyze the reasons of agreement on compensation towards criminal victims' spiritual damage, discussing on the compensation, in order to instruct the law enforcement on both theory and practice. The paper totally includes six parts.Part one: It is the introduction, which generally describe the reason for the research and states the writer's point of view.Part two: It is chapter one of the main body. Based on research requirements, it gives the definitions and the characteristics of mental injury, compensation for mental injury, mental injury caused by criminal offence and compensation for mental injury caused by criminal offence.Part three: It is chapter two, which explicates the main elements of compensation for mental injury caused by criminal offence: criminal act, consequence of mental injury and the causation of criminal act and consequence.Part four: It is chapter three, which explicates the reasonability of compensation for mental injury caused by criminal offence. The detailed content contains: 1. legislative status and evaluation in my country, 2. theoretical arguments and evaluation, 3. legislative analysis for compensation for mental injury caused by criminal offence in other countries, 4. reasonability of compensation for mental injury caused by criminal offence in my country, which covers 1). rules and practices 2). system of protection forcriminal victim 3). elimination of legal norm conflict.Part five: It is chapter four, which explores system of compensation for mental injury caused by criminal offence. It includes 1. selection of suit methods, 2. suggested laws for suit procedure, 3. compensation.Part six: It is the conclusion, which summarizes the opinion of the paper.