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On The Compensation For Mental Damage Of Supplementary Civil Action In Criminal Proceedings

Posted on:2010-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:N LiFull Text:PDF
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With the development of the society and enhancement of consciousness of citizens' rights, the problem of criminal collateral to civil lawsuit compensation for mental damage is more and more regarded. Summarizing the legislation in the world, many countries endow the criminal victims with the rights of compensation for mental damage. In our country, following the formation and implementation of civil law and interpretation correlated to judicatory, compensation for mental damage is universally acknowledged in civil law field; however it is a pity that compensation for mental damage would be gradually denied and eliminated in criminal field, which not only made the regulations between criminal law and civil law exist severe conflicts, and also contradict the framework of law, deviate the trend of international legislation and the like malpractices.Adopting study methods of analysis and comparison, theory placed into practice, the author put forward his opinion on the basis of analyzing and comparing the differences regulated by mental damage in the civil and criminal field, reviewing the disadvantage of mental damage compensate in the criminal field, analyzing the necessary of compensation for mental damage brought into accessory civil action .This author also suggests constructing system of accessory civil action and spiritual damage compensate, establishing the protection of criminal victims, at the same time demonstrating the feasibility in order to provide theoretical, practical and logical support for spiritual damage brought into accessory criminal collateral to civil lawsuit. Finally, this author relates the important questions in establishing this system. In order to give the victims more perfect law redress in the system design.This thesis adopts a body of four main parts besides introduction and conclusion.The first part is about whether collateral to civil lawsuit can demand mental compensation. In this part, referring to civil field compensation for mental damage, I review the status of legislation in the field of criminal compensation for mental damage. The system of mental compensation in civil legislation in our country went through vacancy, establishment, further development, mature phase; criminal moral damage compensation went through an opposite development progress to the civil legislation, which went through a uncertain, further denial even completely denial phase. Through the discussion of development progress, interpreting the conformance of the civil field to the trend of international legislation, and the development of times, and got great success in the protection of the people's mental benefit, which should arouse the introspection of the people's criminal field excluding mental damage. At last, for the regulation of criminal legislation in each phase and the dispute whether civil lawsuit can demand mental damage compensation, I analyzed, it shows the intense longing of all circles of society for the establishment of moral damage in the criminal field.The second part is about legislation defect of collateral to civil lawsuit mental damage compensation system in our country. In this part adopting research method of cause-effect relationship and pros and cons relationship, for the defects of collateral to civil lawsuit moral damage, I elicit the conclusions which establish the necessity of collateral to civil lawsuit moral damage; and I analyzed the defects of destroying the unified legal system, and violating the legal principles and shortage of the trend of international legislation in positive manner in detail. It indicates the necessity of establishment of the civil lawsuit moral damage compensation.The third part is about necessity and feasibility of the moral damage compensation brought into civil lawsuit. This part is also divided into three aspects. The first aspect is about necessity, including the necessity of maintaining the unified legal system, the necessity of fully protecting the victims' legal rights, and the necessity of integrating with the international legislation, and the necessary requirement of the criminals bearing their legal duties for their criminality entirely. In addition, I analyzed the present obstacles, such as the abuse of victims' civil litigious right, affecting the efficiency of judgment, the difficulty of implement. At last, I analyzed the feasibility, only the necessity can't make out whether the collateral to civil lawsuit moral damage compensation work well in theoretic and practice, so analyzed from theory and legal practice and legislation feasibly.The fourth part is about establishing the system of collateral to civil lawsuit moral damage. In this part the key problems of establishing the system is put forward, and hope to design the system scientifically and rationally, and to perfect the legal relief of criminal victim. The first is the problem of compensation obligation object; the second is the problem is establishing the system of state criminal damage compensation. The third is the standard problem of collateral to civil lawsuit moral damage compensation. The fourth is the problem whether the parties can take a legal action for moral damage compensation after criminal judgments, the author advises to endow the freedom of selective progress to victims. This author hopes to think over on our spiritual damage compensate denied in civil field through analyzing and comparing spiritual damage compensate in civil and criminal legislation in order to obtain benefits in improving legislation, establishing accessory civil action and spiritual damage compensate. However, owe to the level of ability, it is easy to have oversight. Many ideas are immature, this author hopes that they can play a role as casting anchor and make little endeavor in establishing system of accessory civil action and spiritual damage compensation.
Keywords/Search Tags:Compensation for Mental Damage of Supplementary Civil Action in Criminal Proceedings, Defects of the Rules, Necessity and Feasibility, the Subjects of Duties, Computation of Compensation, Free Option of Proceedings
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