On The Criminal Moral Damage Compensation System Construction

How to more effective protection of criminal proceedings in the lawful rights and interests of the criminal law has been a field and to explore. The continuous progress in our country in the field of criminal procedure have been worked out the criminal procedure law, the rules of evidence of a series of laws, have also introduced the presumption of innocence, illegal exclusion rules of evidence relevant system. Contrasting with the constant improvement in criminal suspect's protection is the slow progress of the improvement of victims'right in criminal cases. Against the major background that protecting human right has already become a common principle during legalization process in the whole world, in China, however, victims of criminal cases are still refused to have their spirit damage relieved. The imperfection of the protection system of criminal case victims'spirit right has already caused a series of serious results. Therefore, a compensation system against civil spirit damages in criminal suits is to be set up to protect legal equities of victims'in criminal cases.This article aims at analyzing the necessity and necessity of building a compensation system against civil spirit damages pertaining to criminal suits based on a general theoretic introduction and trying to building such a compensation system on the contrast to foreign advanced legalization.In addition to preface and conclusion, this article is divided into four parts:The first part is the general theory of the compensation system against civil spirit damages pertaining to criminal suits. This part aims at the difference between spirit damages and civil spirit damages pertaining to criminal suits and discovering the meaning of setting up a compensation system against civil spirit damages pertaining to criminal suits.The second part is designed to analyze the necessity and feasibility of building a compensation system against civil spirit damages pertaining to criminal suits. In this part, the author will reason the necessity of building a compensation system against civil spirit damages pertaining to criminal suits from the following three aspects: managing legal conflicts, going with the worldwide tide of human rights protection and highlighting justice of law. In this part, the author will also demonstrate the feasibility of building such a compensation system from three aspects, they are, the domestic legislation, foreign legislation, the current judicial practice in our country.The third part consists chiefly of comparative study on compensation systems against civil spirit damages pertaining to criminal suits. In this part, the author will do some comparative study on the legislation in France, Germany, Japan, English, America and Taiwan to draw experience for us in building compensation system against civil spirit damages pertaining to criminal suits.The last part is about some problems in building a compensation system against civil spirit damages pertaining to criminal suits. It includes subject of right, scope of protection, time limit and standard of compensation.