The Research Of Psychological Damage Compensation In The National Criminal Compensation System

A basic principle of human rights requires that everyone should be equal in the field of law, therefore, in the aspect of criminal procedure, each rights and freedom especially mental personality rights for prosecuted person ought to be treated fairly within legal framework. In reality, It is a worldwide legislative trend to guide moral damage compensation into the state compensation field, similarly, whether or not to establish the system of psychological damage compensation has become a significant sign to estimate the level of developments in the state compensation system.The connotation of the mental damage is the starting point for us to research the spirit of national criminal damages. It is a kind of non-property damage which including mental anguish and the loss of spiritual interests. Considering the fact of the national criminal compensation program and the special characteristics for mental damages, national criminal compensation refers to provide the compensation for mental anguish and the loss of moral interests to its citizens when they bring harms in the process of investigation, prosecution, trial and guard, likewise, it also demands to acquire compensations from State organs and their staffs when they are related to gross errors. The amount of compensation paid by the State for criminal mental damages is called criminal national compensation for psychological damages or solatium in the law.From the theoretical point of view, bringing moral damages into the scope of national criminal compensation is a fundamental requirement that comes from human rights principles and the full realization of the criminal compensation system functions. From a practical point of view, along with the deep development of moral damage compensation system in the field of civil, general public has a growing awareness about the importance of spiritual rights, and the mutual transformation of the spiritual and material interests to a certain extent as well as national powerful financial strength can provide a possibility and material security to establish the system of national criminal damage compensation. The premise to build the system of national criminal damage compensation is to establish the liability under the principle of spiritual compensation. After the writer analysis the advantages and disadvantages for three influential liability principles such as fault liability principle, illegal responsibility principle and the result responsibility principle, he put forward to establish unified and thorough system of result responsibility. The national criminal compensation system for psychological damage liability is the key to determine the scope of compensation, including the main infringement subject and scope. According to the relevant provisions of current "State Compensation Law", any investigation, prosecution, trial, jail management authority organs and their personnel are likely to become the main body to bring the mental violations to prosecuted person. According to the results of liability principle, national responsibility of tort scope should be extended to non-custodial criminal compulsory measures, misdemeanor but to punish seriously, felony pretrial detention period than the judgments of sentence, and non prosecution behavior. The national criminal compensation for the spirit of the standard system directly reflects the nation’s attitude of relief when the citizens suffer from moral damage. Through comparing these three kinds of compensation standard, the author advocates to abolish the single soothing compensation firstly, then primarily seeking compensatory damages standard, and finally to use punitive and soothing compensation standard as supplement.The rationality level of national criminal mental damage compensation program can determine the degree of difficulty for victim to obtain psychological compensation. According to the general requirements of justice procedures, the author gives the suggestions to the problems of legislation and practice which exist in the specific reform proposals, the aim is to tilt balance to the weak, and the program need to establish a sound interest mechanism, in fact, no one shall be a judge in his or her own case, and it also called for to establish an independent tort organs to the body as an organization to undertake compensation obligation role; The final decision for adjudication requires to improve the judicial level in the areas of criminal mental compensation.Finally, considering the problems of judgement related to national criminal damage and the issues of the executive force, it requires the nation to establish special fund management system, and improve the system after it undertakes an compensation obligation.All of these will actually ensure to realize the purpose of legislation and consolidate the practical results for national criminal damage compensation.