On The Compensation For Spiritual Damage In The State Criminal Compensation System

In our country the legal construction of continuous progress, at the same time, China’s "State Compensation Law" has also been increased, the most prominent highlights of the content is the spiritual damage compensation. The compensation for spiritual damages content add represents in our country legal level and civil aspects of life spirit of the rights and interests of citizens also have been increasing concern and attention, also marks a further guarantee of democracy and human rights of our citizens, a great progress in the construction of democracy and the rule of law in China, with landmark significance. But at the same time, the new "State Compensation Law" on the provisions of the spirit of compensation for damages, the scope is too narrow, the standard is not clear, which makes the spiritual damage compensation in the specific, not easy to implement. According to the legislation of compensation for mental damage target and itself is flawed, and the reality of the possible problems, in-depth analysis of the compensation for mental damage in state criminal compensation, hope that the ideas and concepts to cast a brick to attract jade, further perfect our national criminal compensation for moral damage compensation system.In this paper, a total of three parts of the content. The first part is about the state mental compensation content, firstly describes the definition of mental damage, and the national criminal spiritual damage compensation of the concept of this paper, then leads to the legislative evolution of the system of compensation for spiritual damages and in national criminal compensation system of compensation for spiritual damages in the process and will in national criminal compensation of mental injury compensation and civil spirit damage compensate system comparison and analysis than the relations and differences, for paper in criminal spiritual damage compensation system to pave the way to improve. The second part mainly introduces the State Compensation Law on the compensation for mental injury in criminal legislation present situation analysis, practice the shortcomings, including applicable scope is too narrow, the calculation of the standard no statutory provisions, the right to request the right to single person, imputation principle of defects, and analyzes the reasons. The third part is the system defects pointed out in the second part puts forward the perfect idea, including the use of the imputation principle, the imputation system of imputation principles of the law as the scope of compensation, including the expansion of the scope of protection of the spirit of comfort to expand the right of personality, all stages of the scope of protection will be extended to the spiritual damage of criminal cases the expansion of the scope of tort form such as criminal compulsory measures are fully incorporated into the scope of criminal compensation, misdemeanor, non prosecution is also included in the scope of compensation, expand the spiritual damage compensation claim subject qualification; for the principle of the system of compensation for spiritual damages, should adhere to the spirit of fair and reasonable, comfort and money compensation combination principle, legislative restrictions and the judge discretion principle and practice of mental damage compensation methods and standards and other issues, through the examples of the Some related rules, and puts forward the relatively suitable in China by the method, in general that should whether or not the degree of adverse in specific cases in comprehensive consideration of the victim’s mental damage degree and extent of infringement organs fault, tort, infringement organs actively admit and whether the victim understanding and other factors, ultimately determine a most appropriate calculation standard for compensation.