Criminal Incidental Civil Action In The Moral Damage Compensation System

The system of compensation for mental injury in the civil suit collateral to criminal proceedings is not provided all over the world. It was established in China, and it contains criminal and civil characters. The system reduces the risk of lawsuit and advances the efficiency of the case.With the progress of the mental civilization and the development of legal system in our country, people come to pay more attention to the protection of mental rights. As a focus in the law, compensation for mental injury is popularly emphasized on by the theoretical and judiciary fields as well as common people.The article has five parts. Firstly, it analyzes the conception and history of the compensation for mental injury and general situaton of compensation for mental injury in the civil suit collateral to criminal proceedings in the world and in china. Secondly, it talks about unreasonable facts of compensation for mental injury in the civil suit collateral to criminal proceedings from theroy and facts. Thirdly, it expatiates the necessaries and feasibilities for constituting the system of compensation for mental injury in the civil suit collateral to criminal proceedings. And then it gives some suggestions to set up the system.