On The Compensation Of Mental Injury In Criminal With Civil Lawsuits

Compensation for mental distress is familiar to commons to a certain extent in our country. More and more victims take actions for the compensation for mental distress not only in the civil proceedings, but also in civil suit collateral to criminal proceedings. Because of unsoundness of interrelated legal institutions, the compensation for mental distress is a blank spot in civil suit collateral to criminal proceedings in practice. In this thesis, the author tries hard to combine civil law with criminal law to find a new train of thought that compensation for mental distress can be applied to civil suit collateral to criminal proceedings.The preface of this thesis simply shows the author's basic thoughts and propose of the sesearch about the legal institutions in force of civil suit collateral to criminal proceedings in our country.The article is divided into five parts.The first part is the present situation of civil suit collateral to criminal proceedings. This part introduces the contradictories between the criminal law and the civil law. This part points out that the judicial interpretation of compensation for mental distress by the Supreme People's Court does not involve the problem of civil suit collateral to criminal proceedings. Meanwhile, whether the victims can take actions for compensation for mental distress is still in dispute in theory. People's court can not apply law to facts on compensation for mental distress with uniform standard, moreover, the feasibility is poor.The second part introduces the necessity and feasibility of compensation for mental distress in civil suit collateral to criminal proceedings. This part relates the necessity and present barrier that compensation for mental distress is applied in civil suit collateral to criminal proceedings, and approaches the feasibility from theory to practice.The third part is concrete classification of compensation for mental distress in civil suit collateral to criminal proceedings. Based on the judicial interpretation by the Supreme Court, this part classifies the compensation for mental distress relating to concrete charges of the second chapter,the third chapter,the forth chapter,the fifth chapter and the sixth chapter etc. of criminal specific provisions from three aspects of right of personality and interest of personality,right of status,some rights of property that has factors of interest of personality, and relates the classificatory basis.The forth part is the computation of compensation for mental distress in civil suit collateral to criminal proceedings. This part introduces the ways of liability and the principle about compensation for mental distress, and puts emphasis on how to decide and calculate the amount of compensation for mental distress according to the concrete classification of the third part.In the last part, the author emphasizes again that the thesmothete should improve the laws, the supreme judicial organs should draw up judicial interpretations to guide our practice in time, the judges should enhance their qualities, compensation for mental distress should be used in civil suit collateral to criminal proceedings, so that the people's legal rights and interests would be protected better.