Research On The Spiritual Compensation In Our Civil Depended Criminal Law

As an important part of the modern compensation system, the spiritual compensation has been a hot topic in the law research and practice, and played such an key role in the human rights' protection. It grew and developed rapidly in our civil law field from negation to affirmation while in our criminal law field it has not been accepted yet. The negation is not helpful in the people's legal rights' protection and our law system's unification, which will block our society's development, and is not according with the international human right's protection tideway. So the writer suggested that the spiritual compensation should be accepted in the civil depended criminal law system in time. The thesis began with the discussion of the conception and characteristics of the spiritual compensation in the civil depended criminal law system, and followed by the description of spiritual compensation's actuality in China and other countries. The writer got the conclusion that the spiritual compensation should be accepted in the civil depended criminal law system through the analysis and criticizing of the negation reason of the lawmakers. And it moved to the content's debating, such as constructing principles, composing rules, compensation scope, and compensation amount. Finally the writer gave some suggestions and plans according to the problems in the justice practice. Chapter One is the summary part. Through the analysis of the concepts of spiritual damage and spiritual compensation, it got the concept of the spiritual compensation in the civil depended criminal law. And through the description of the civil depended criminal law characteristics, it showed the specifications of the spiritual compensation in the civil depended criminal law. Chapter Two is about the general situation of the spiritual compensation in the civil depended criminal law development, and analyzed the shortcomings of the negation. Chapter Three discussed the necessity and feasibility. Through the analysis and criticizing of the negation reason of the lawmakers, the writer expatiated the necessity and feasibility of the spiritual compensation in the civil depended criminal law, got the conclusion that the spiritual compensation should be accepted in the civil depended criminal law system in time. Chapter Four is about the content of this system, including constructing principles, composing rules, compensation scope, and compensation amount. Chapter Five is about the special problems in the criminal law practice. And the writer tried to offer effective suggestions to solve those difficulties to ensure the maneuverability of the spiritual compensation in the civil depended criminal law.