Font Size: a A A

On Compensation For Mental Damages Of Supplementary Civil Action In Criminal Proceedings

Posted on:2008-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:X D XuFull Text:PDF
GTID:2166360242459505Subject:Law
Abstract/Summary:PDF Full Text Request
The society development and the increasing understanding of civil rights put more and more premium on the issue of compensation for mental damages of supplementary civil action in criminal proceedings. Due to the influence of traditional views, mental compensation is exclued from supplementary civil action in criminal proceedings, while which is in conflict with the civil action, and has done a lot of damage to uniformity and compatibility of law, and then cause remedy loophole and can no longer meet the need to fully protect a victim's right in criminal proceedings.Viewed from various angles, from that of efficient cause, of the manifestation, of the legal consequence, compensation for mental damages of supplementary civil action in criminal proceedings has no essential difference with that in civil proceedings. The voice of extending mental compensation to the criminal field is increasing in the field of judicial theory and practice, since that can embody the function of criminal law and can save the costs of proceedings on one hand, and also meet the demand of combating crime on the other hand. Extending the mental compensation to the criminal proceedings has its necessity in theory and feasibility in practice.Our country should improve the criminal law and related judicial interpretation to remove the legal conflict of mental compensation between criminal and civil action. The compensation judged by such factors as principle of discretion, of appropriate restriction, of mediation, and other factors. We can establish the system of gradation of mental damages, drawing on the present system of gradation of disability in body damages. We should build up national criminal compensation fund scared to recover damages of victims, who can not compensated through the litigation.The paper is divided into four pars. In chapterâ… , the author introduces the concept of mental injury an mental damages. Chapterâ…¡deals with the general theories of mental damages system outside China. In chapterâ…¢, the author analyzes the current legislation situation and exiting causes of the mental damages system of our country. In chapterâ…£, the author reviewing the necessity and possibility of incorporating the mental damages system into supplementary civil action in criminal proceedings. The last chapter puts forwards the imagination of construction of the mental damages system of supplementary civil action in criminal proceedings.
Keywords/Search Tags:Supplementary civil action in criminal proceedings, Mental injury, Criminal act
PDF Full Text Request
Related items