On The Compensation For Mental Injury In The Civil Suit Collateral To Criminal Proceedings

With the progress of the mental civilization and the development of legal system in our country, people come to pay more attention to the protection of mental rights. As a focus in the law, compensation for mental injury is popularly emphasized on by the theoretical and judiciary fields as well as common people. Although the domestic active law has noticed the importance of compensation for mental injury, there are many careless omissions which make it unqualified for the objective needs. Consequently, people are looking forward to the consummation of the law on the compensation for mental injury.For the moment, the rights of compensation for mental injury in the civil suit collateral to criminal proceedings are excluded by both legislation and judicatory interpretation. However, crime is a kind of very harmful action which would bring forth intensive hurts. Therefore it is not proper to exclude compensation for mental injury in the civil suit collateral to criminal proceedings. Combining the theories and regulations about the compensation for mental injury in the civil proceedings, this thesis discusses the conception, gist, inscape, compensation range and compensation levels of compensation for mental injury in the civil suit collateral to criminal proceedings as well as other issues on the situation of our legislation. Trying to analyze the development trend and shortage of the compensation for mental injury in the civil suit collateral to criminal proceedings, this thesis presents suggestions about how to enforce the legislation and justice on them and protect the whole rights of citizen's mental rights.The compensation for mental injury in the civil suit collateral to criminalproceedings was considered the advancement of modern law and the approach to reveal human values. The compensation for mental injury include the three functions of compensation, conciliation and punishment and tally the purpose of legislation. On the other hand, it is the historical necessities to consummate the compensation for mental injury in the civil suit collateral to criminal proceedings because of the political and economical reform in our country.This thesis comprises seven chapters. The first analyzes the conception, meaning and characteristics of the compensation for mental injury in the civil suit collateral to criminal proceedings. The second analyzes the gist of the compensation for mental injury in the civil suit collateral to criminal proceedings. The third discusses the inscape and compensation range of the compensation for mental injury in the civil suit collateral to criminal proceedings. The fourth clarifies the designations and amount of the compensation for mental injury in the civil suit collateral to criminal proceedings. The fifth point out the shortages in the compensation for mental injury in the civil suit collateral to criminal proceedings with an example. The last is conclusions.