The Legal Consideration On Civil Suit Collateral To Criminal Spiritual Damage Compensation

The relief of the victim’s spirit rights and interestes of the law in the civil law and state compensation law are made,but there is no institutional for the victim’s spirit rights and interestes in the criminal and attached civil lawsuits,so the victim’s lawful rights is hard to getting the comprehensive legal remedies.The spiritual damage compensation system is very important for the protection of the citizen personality interests,give the victim the right of spiritual damage compensation claim is favorable for the protection of the interests of criminal victim’s spirit interesting. With the continuous building of the socialist legal system and the depth of the concept of legality,citizen’s consciousness of useing laws to protect their rights is continuous enhanced,but the criminal victim’s spirit interest couldn’t get the protection from our current criminal law. Criminal and attached civil litigation system have provided convenient relief way for the criminal victim,this system give the relief when criminal procedure is proceeding,it’s good for the improving of Judicial efficiency.but this system don’t support the victim’s spiritual damage compensation claim.This text is taking zhuyuqin case for example,in the first part, through the analysis of cases,discussing the contradictions of current criminal and attached civil lawsuits in the judicial practice,points out the status that the criminal law deprived the victim’s spiritual damage compensation claim is inconsistent with the constitution and the civil law.In the second part,through the deep theoretical analysis of the current criminal and attached civil litigation system and the spiritual damage compensation,elaborated the reason of keeping the criminal and attached civil litigation system,and the necessity of endow the right of spiritual damage compensation claim with the criminal victim.The third part discussed the realistic significance of adding the spiritual damage compensation in criminal and attached civil litigation,and the reason of building the criminal injury compensation,Criminal Victim’s national compensation system embodies nation’s guarantee of human rights to the criminal victim, the group weak in power, and reflects a country’s level of ruling by law.