China's Criminal Attached Civil Construction Of Moral Damage Compensation System

Mental damage is the natural right to life, health, personal freedom, name, likeness, reputation, honor, etc. for unlawful infringement of the right personality caused by non-property damage. Moral damage compensation is a natural person subject to criminal infringement of their legitimate rights and interests which led to the mental health impairment, and thus require infringes on the people by way of monetary compensation and other relief in order to soothe their civil legal system. Mental damage not only in the tort area, in the criminal area, some crime will cause moral damage to the victim. At present, China's civil legislation on compensation for moral damage, and was fully endorsed the further development of the trend, but the criminal legislation puts the exclusion of moral damages and to gradually suppress the viability of the system, making those affected by crime victims of abuse in the spirit of the damage side can not gain relief. This situation not only seriously damaged the unity of China's socialist legal system, but also to the international community a few ill-conceived attacks on our country came to a pretext for human rights system. Therefore, in order to achieve fairness and uniformity of the law to improve China's international status and international prestige, China's national conditions must be established in line with the spirit of the criminal collateral civil damage compensation system.In this paper, from the four major aspects of the compensation for moral damage caused by criminal conduct discussions:first, introducing the spirit of the criminal incidental civil action for damages related concepts and features; second, introducing the international and domestic criminal incidental civil action for damages the spirit of the status quo and our theory of controversy on this issue; third, introducing the spirit of a criminal with civil damages reasonable; fourth, combined with the existing civil and criminal matters related to legal and judicial interpretation of the provisions of the compensation for moral damage the scope of application of the main claim for compensation, the main obligation of reparation, to bring the spirit of the chief complaint for damages during the scope of compensation, damages and other aspects of the compensation fund and put forward some of the views and recommendations of the author, hoping to promoting China's Criminal incidental civil Litigation moral damage compensation system be beneficial to the legislation.The spirit of our criminal incidental civil action for damages the system have sufficient theoretical basis to build more parts of the judiciary in the process of exploring the system accumulated practical experience. In the current respect for humanity, advocating justice, to seek a harmonious background, I want to state legislators to abandon the traditional parochialism and involvement of private rights over public power of the old idea of establishing a scientific and modern judicial philosophy, respond to popular will, comply with the international situation of criminal incidental civil action for damages made by the creative spirit of the legislative breakthrough, as a means of more comprehensive protection of the legitimate rights and interests of criminal victims.