The Moral Damage Compensate Question In The Criminal Supplementary Civil Action

In recent years, in the civil trial domain, moral damage compensate applicable scope had potential of the expanded, in the civil action, our country moral damage compensate system was along with "General provisions of the civil law" promulgated establishes. The Act section 120, paragraph 1, stipulates that citizen's right to name, the right of portrait, the right of reputation, the right of fame receive the violation, is authorized to the request to stop violating, restores the reputation, eliminates the influence, apologizes the apology, and may request to pay indemnity for damage.According to the logically coherent argument, here "pays indemnity for damage" refers is the moral damage compensate. But we may see from the legal regulations, according to "Moral Damage Compensate Explanation", the moral damage compensate applicable scope only is restricted in the civil right infringement. How then in other cases about the spiritual harm compensation also is?Regarding the criminal supplementary civil action in compensation, the present law has two senses of principle to stipulate that, one is criminal law 36th: "Causes the victim as a result of the criminality to suffer the economic loss, besides legally gives the criminal punishment to the criminal offender, and should condemn the compensation economic loss according to the situation." Two is Law of Criminal Procedure 77th: "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." Thus causes the supplementary civil action the compensation scope to define in the material loss, the moral damage compensate into endures together. This article just launch the elaboration from a hot topic of how to solves civil aspect spiritual harm damage compensate in the criminal prosecution, mainly is going to elaborate in the criminal supplementary civil action must introduce the moral damage compensate the importance and the necessity, as well as how introduces such one kind of mechanism, better solution in criminal prosecution civil spirit damage compensate question.