On The Compensation For Mental Injury Of Crime

The personal right is the foundation of human rights, and the mental rights are the main content of the personal right. The rule of law is the powerful tool for confirming and protecting human rights. Protecting human rights is the value basis and orientation of the rule of law. Human rights have widely received attention increasingly in the present world. The external laws emphasize the conservation of individual rights and freedom, and pay more attention to the mental rights. Therefore, the mental injury of victims should be compensated, which can fully embody human's values and makes the system of human rights protection more perfect and comprehensive.The criminal law definitely takes the rule "protecting citizens' human rights" as its important task. But, the protection of human rights which is only reflected in punishing the criminal and compensating victims' loss is insufficient. It should also provide the law remedy for victims' mental injury. In judicial practice, we excessively lay particular stress on the pacification function of penalty for the victims. Most of us believe that penalty is sufficient to make the victims satisfying in mental. In fact, penalty is only put down victims' vengeance impulse, and the mental injury caused by the crime is diverse and extensive, which is not restored simply by penalty. Although, we preliminarily establish the compensation for mental injury in the civil proceedings, the deficiency of the compensation for mental injury in criminal proceedings is cannot but a regrettable thing to our law.This thesis comprises three chapters. The first part introduces the controversy of the compensation for mental injury of crime caused by the case which the rape's victim required the compensation for mental injury of crime, and analyzes the relevant regulations about the compensation of mental injury in criminal proceedings and civil proceedings, and points out the conflicts among the laws as well as the issues caused by the conflicts in the judicial practice. The second part as the general review of theories summarizes the meanings of compensation for mental injury, the differences of mental injury between criminal proceedings and civil proceedings, as well as the concept, quality and function of compensation for mental injury system in criminal proceedings.