Criminal Victims Compensation For Mental Damage Problem Research

As a way to compensate the victims, the compensation of mental damage is already clearly defined by our civil legislation.However, neither the necessity nor the way to choose for the compensation of mental damages are not that clear within the field of criminal legislation in China. With the progress of Chinese society, the awareness of people rights have gradually enhanced and the content of spiritual world get more focus. For victims, the mental damage caused by crime is often more serious than that from the civil fields which turn out to be more concealed and long-lasted. In this case, the legislation for the compensation of the mental damage caused by crime is imminent.This thesis has adopted many method such as literature survey, historical research, conceptual analysis and comparative law research etc, to analyze the concepts%elements、 characteristics of mental damage and its compensation, and to demonstrated the necessity for mental compensation of the crime victims in china from two aspects as following:status quo of the compensation system and the shortcoming lead by the absence of compensation. On basis of the analyze among the mental compensation system of crime victim from Civil law、Common law and Chinese Hong Kong and Taiwan, the proposal of this system for our country is raised, which expounded the importance and difficulties created of the system,mainly include the basic principle、the compensation subject and acceptance subject、 the range and amount of compensation、the Procedures and implementation etc in order to make some practical guidance for the protection of crime victim’s rights in our country.