On Compensation For Criminal Victim Spiritual Damage

With the development of society and the advance of the human civilization, we should not only meet the citizens' higher physical requirements, but also protect the benefits of the citizens' spirits. The system of the judicial relief of spiritual damage has been sufficiently established in civil law. Criminal victims could not be compensated for spiritual damages as to our current legislation. Building the socialist harmonious society, it should be admitted that the claim of the criminal victims' spiritual damages, and establish a suit of comprehensive law field giving emergency assistance to the system. According to this, some problems are discussed in this article.The dissertation proceeds from two typical cases in the preface and leads to the main problem of this article. The main content of this article is divided into four sections.The first chapter: criminal victim and spiritual damage compensation concept. The part introduces some conceptions, it contains criminal victim,compensation for spiritual damage.The second chapter: the system survey of compensation for spiritual damage and malpractice of repelling compensating for criminal victim spiritual damage. The part firstly discusses the evolution of the compensation for spiritual damage and then introduces some articles of current law. It points out a flaw, which is negative attitude of rejecting compensating for spiral damage of criminal victims.The third chapter: the necessity and tentative idea of establishing the system of compensation for criminal victim spiritual damage. The part is dissertation stress. It discusses the necessity of establishing the system of compensation for criminal victim spiritual damage. It is aimed to clear away the obstruction to the spiritual damage of criminal victims. Spiritual damage caused by criminal offence is objective existence. The criminal behavior causes spiritual damage more serious than that caused by general tort, therefore establishing the system of compensation for criminal spiritual damage is urgent. The part is also concerning about speculation of establishing the system of compensation for spiritual damage of criminal victims, which is the highlight of innovation of this article. In the reality refusing to compensate for the criminal spiritual damage stems form the indemnity determination and execution worrying .This part mainly discusses the condition,the basic principles of criterion of liability,the methods and implement of compensation for the criminal victims spiritual damage.