Research On The Remedies For The Criminal Victims' Mental Losses With The Focus On The Perfection Of The System Of Criminal Suit Attached With Civil Action

Recently, compensation for mental damages in the criminal proceedings with supplementary civil claims has raised much attention with lots of disputes. As there is so much limitation in the legislation, the victims have rights to ask for compensation only for the material damages, while the compensation for mental damages is neglected, making the victims get no in time and sufficient protection. As the civil rules concerning the compensation for mental damages are quite obviously supportive, how to redress the mental damages caused by the crime is the very problem which needed to be solved. For the justice and efficiency, the author doesn't think it is right to accept the request for compensation for mental damages during the criminal proceeding, and support the idea that the victims should be entitled to choose which proceedings he needs. It is in the civil proceeding that the compensation for mental damages should be handled.This article can be divided into 5 parts:Part 1, discussion on the necessity of the compensation for mental damages. This part starts from the selected cases, gives the explanation on the concept of compensation for mental damages, the introduction about the legal development, and compares the different function and characters between the civil liability and criminal one, therefore it is necessary to give compensation for mental damages.Part 2, introduction on the civil proceeding for the compensation for mental damages around the world, comparison on the parallel mode and the supplementary mode, analyzing the relation between the independent civil proceeding and the supplementary civil proceeding. Rules from the foreign countries are introduced so as to make the foundation for the discussion below.Part 3, some introduction about the disputes on the compensation for mental damages in the criminal proceedings with supplementary civil claims. There are always kinds of view about whether the victims are entitled to claims for compensation for mental damages in the supplementary civil proceedings. From the legal practice's point of view, courts are negative, and the supplementary mode is adopted. However, no correspondence between the judicial explanations leading to lack of proper way to handle the compensation for mental damages.Part 4, reasons why it is not proper to hear the compensation claims in the criminal proceedings. From the procedural points of view, there are conflicts between the merits pursued in the criminal proceeding and the supplementary proceeding, sometimes civil compensation is not suitable to be heard in the criminal proceeding. Hearing on the compensation for mental damages in the criminal proceedings with supplementary civil claims is to definitely stop the goal to realizing the efficiency.Part 5, discussion on how to perfect the procedure for the compensation for mental damages. The victims should be entitled the right to choose which procedures are suit to protect himself. The litigation fee has its own function. In the supplementary civil proceedings, if the victims insist for compensation for mental damages, the case should be heard by the civil court. In the self-initiated criminal cases, the claimants have the rights to initiate the compensation for mental damages. Therefore the article raises the idea that transfer from supplementary proceeding to common civil proceeding is needed.Conclusion is reached that the mental damages should be compensated, however the author thinks the relief should be give through the independent civil procedure, supplementary mode is improper.