The Moral Damage Compensation In The Criminal Supplementary Civil Actions

In recent years, in the civil trial domain, moral damage compensate applicable scope had potential of the expanded, in the civil action, our country moral damage compensate system was along with "General provisions of the civil law" promulgated establishes. The Act section 120, paragraph 1, stipulates that citizen's right to name, the right of portrait, the right of reputation, the right of fame receive the violation, is authorized to the request to stop violating, restores the reputation, eliminates the influence, apologizes the apology, and may request to pay indemnity for damage.According to the logically coherent argument, here "pays indemnity for damage" refers is the moral damage compensate. But we see from the legal regulations, according to "Moral Damage Compensate Explanation", the moral damage compensate applicable scope only is restricted in the civil right infringement. How then in other cases about the spiritual harm compensation also is?Regarding the criminal supplementary civil action in compensation, the present law has two senses of principle to stipulate that, one is criminal law 36^th: "Causes the victim as a result of the criminality to suffer the economic loss, besides legally gives the criminal punishment to the criminal offender, and should condemn the compensation economic loss according to the situation." Two is Law of Criminal Procedure 77^th: "The victim suffers the material loss as a result of accused person's criminality, in the criminal prosecution process, is authorized to files the supplementary civil action." Thus causes the supplementary civil actions the compensation scope to define in the material loss, the moral damage compensate into endure together.This article on the case takes together the transportation sends the human to die as an example, and carries on the case analysis from five aspects: First, case introduction; Second, compensate and the concept of moral damage compensate in criminal supplementary civil action; Third, four questions: the analysis of the case processing situation, proposed whether the criminal case's victim who suffers the moral damage because of accused person's criminality files the civil action has the legal basis, order of civil and the criminal trying, the moral damage compensate request potency as well as the death compensation money nature; Fourth, the ponder which initiates by this case, mainly denied victim's moral compensation right from the Law of Criminal Procedure, the people's court consider the compensation to the victim material lost as the legislation pattern and overseas elaborations; Fifth, in consummation criminal activity supplementary civil action moral damage compensate question tentative plan, four aspects: entrusts with the litigant the procedure start option, integrates the moral damage compensate in the damage compensate project, reduces the scope of the people's court to accept the supplementary civil action as well as establishes the victim country compensation system.