Construction On The Mental Damage Compensation System In Chinese Criminal Procedure Actions Incidental Civil Actions

Mental damage is a non-property damage caused by an illegal violation of the human rights of the natural person, such as life, health, freedom, name, portrait, reputation and honor, etc. Mental damage compensation is a civil legal system to ensure the material consoling and filling the loss of the mental interest for the victim's mental pain. We can not only find mental damage in the civil encroachment, but also in the criminal offence field where some criminal activities can cause mental damage to the victim. In our country civil legislation fully affirms mental compensation and tends to further development, but the criminal legislation eliminates the validity of mental damage compensation and stricks this system's living space, which directly causes the deficiency of the material remedy to the victim, not only seriously destroy socialist legal system's unification, also provide the international minority countries with harbored evil intentions a handle to attack our country's human rights' system. So, to realize the fairness and unity of the law and improve our country's international standing and the international prestige, we must build constituting mental compensation system in the criminal procedure actions incidental civil actions which tallies with our national condition.This issue mainly discusses the criminal mental damage compensation from five parts. The first part, based on understanding the general mental damage and mental damage compensation, compares the differences between mental damage compensation caused by civil encroachment and mental damage compensation caused by criminal offence. It generalizes the implications and characters of mental damage compensation on criminal procedure actions incidental civil actions. The second part construes the theoretical base of constituting mental damage compensation in the criminal procedure actions incidental civil actions according to the objective demands of social development and ruling-by-law construction. The rationality and necessity of the mental damage compensation system will be also explained. The third part points out that it is the wave of the future to constitute the system of mental damage compensation in the criminal procedure actions, by means of comparing the different rules on the criminal procedure actions in mainly developed countries. By these national legislation's induction and summary, it provides the reference for our country's mental damage compensation's legislative breakthrough on criminal procedure actions incidental civil actions. The fourth part, by analyzing rules of mental damage compensation from the civil law and criminal law in our country, shows us the legislative defect and negative effect in our criminal procedure actions incidental civil actions. The fifth part probes into the problems existing in the scope of application of mental damage compensation, the claim right's main body of mental damage compensation, the obligation subject of compensation, by combining the related regulations on current civil law, criminal law and judicial explanation. The author raises the time limit of mental damage compensation's lawsuit, the scope of mental damage compensation and mental damage compensation fund, etc. The author brings up some suggestions on how to improve it, in the hope of promoting the legislation in the criminal procedure actions incidental civil actions of our country.Our country criminal procedure actions incidental civil actions system's construction possesses full theory basis, and the regional judicial organ accumulates practice experience in process of exploring this system. As the Law of Criminal Procedure revises, the author vigorously appeals that: hope the legislator can abandon the old idea, such as traditional country selfish departmentalism and the civil rights excessively involving the private power, set up scientific modern judicial idea, comply with the popular sentiment, comply with the international situation, make creative legislative breakthrough on the criminal procedure actions incidental civil actions compensation.