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.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 regulation about the compensation for mental injury in the civil proceedings, this thesis discusses the conception, inscape, compensation range and compensation levels of 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.This thesis comprises four parts. Firstly, it analyzes the conception of the compensation for mental injury in the civil suit collateral to criminal proceedings. Secondly, it compares the system of compensation for mental injury in criminalproceedings of the different countries. Thirdly, it analyzes the actual state and problem of the legislation and judicature of our country. Lastly, it gives some suggestions to set up the systems of compensation for mental injury in the civil suit collateral to criminal proceedings.