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An Analysis Of Spiritual Damage Compensation In Civil Suit Collateral To Criminal Proceedings

Posted on:2015-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:P P MiaoFull Text:PDF
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China’s civil law and state compensation law relief for victims of spirit rightshave made the corresponding provisions, the new criminal procedure law as a"constitutional" said although clearly in the second to respect and guarantee humanrights into them, but the victim rights relief excluded, so that in the criminal in thecase, the victim’s legitimate rights and interests are difficult to obtain comprehensiveand equitable relief. Spiritual damage compensation system is an important system toprotect the personal rights and interests of citizens, should occupy a space for oneperson in criminal incidental civil litigation, in civil proceedings to claimcompensation for losses suffered side Jingzhong incidental, can reveal the spirit ofhuman rights protection in our country. With the continuous development of oureconomy and legal system gradually perfect, the legal concept also win supportamong the people, the status quo provisions for compensation of China’s new criminalprocedure law for mental damage to the legitimate rights and interests of citizens toobtain the corresponding security.Taking Jilin province Changchun City "car theft case of infanticide" as anexample, the article is divided into three parts to discuss. The first part of the study ofthe theoretical and legal for a national "car theft case of infanticide", pointed out thatthe criminal law protection of criminal victims compensation status of fine Zhongdamage and its conflicts with China’s constitution and civil law. The seco. The secondpart through the study of China’s current criminal incidental civil action system,explore the nature of. The concept of mental damage compensation and currentcompensation for mental injury laws for detailed description, at the same time, thecriminal law of our country, the mental damage compensation excluded reasons wereanalyzed, and pointed out that in the two views of the errors, the criminalsupplementary civil action should be added to the relevant provisions ofcompensation for mental damage; another emphasis of this part is the description andanalysis of the category of the compensation for spiritual damages, especially theunderstanding of the theoretical and academic circles are the controversial nature ofthe death compensation, death compensation for material damage category essence.The third part mainly analyzes the importance of establishing the criminalcompensation system of spiritual damage incidental civil litigation in China, it isnecessary to increase the relevant provisions of the compensation for mental damagein our criminal law. The fourth part mainly expounds some suggestions on the compensation system of spiritual damage of criminal incidental civil action in ourcountry, especially the establishment of national compensation system for criminalvictims, the vulnerable groups to establish the criminal victim state compensationsystem, embodies the national protection of human rights, reflect the level of socialistrule of law in china.
Keywords/Search Tags:spiritual damage compensation system, criminal incidental civil action, national compensation
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