Font Size: a A A

Research On The Compensation For Mental Damage Of Supplementary Civil Action In Criminal Proceeding

Posted on:2012-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y X HuangFull Text:PDF
GTID:2166330332473948Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
People's material living standards greatly improved due to the world's economic development of the 21st century. Then more and more attentions have been turned to the Spiritual sphere. Because of the advocacy in human rights protection the problem of moral interests of the individual and the time when it is damaged is increasingly prominent. Although moral damage compensation system is at an early stage of development in our country, it develops rapidly; the corresponding legislation and judicial interpretation are given the provisions. Existing provisions are only limited in the areas of civil litigation, what we have to investigative is how it can work in other fields, especially in the criminal litigation.The criminal supplementary civil action is the major solution when legitimate interests of citizens' be damaged by crimes. Law of Criminal Proeedure77th:"The victim suffers the material loss as a result of accused person's criminality, in the criminal prosecution process, is authorized to files the supplementary civil action." This provision obviously minifies the scope of the compensation of supplementary civil action in criminal proceedings. The compensation for moral damage is refused because of the provision.How to reform the situation is the focus of the thesis.The first part is about the simple history of the compensation for moral damage. Then the second part is the discussion of the necessity and reasonableness about the compensation for mental damage of supplementary civil Action in criminal proceedings. The main part of the thesis is about the system construction, hoping to protect the legitimate rights and interests of victims better.
Keywords/Search Tags:the civil suit collateral to criminal proceedings, compensation for moral damage, necessity, system construction
PDF Full Text Request
Related items