On The System Of Mental Compensation For Criminal Victims

Our country civil fields have established a system of compensation for mental damage and continuous improvement. China’s " general principles of civil law " and relevant civil laws and regulations, judicial interpretations of the mental damage compensation system has been initially established in the judicial field, also have a certain amount of practice, and achieved good social effect. But in our country criminal field, criminal victim compensation for mental damages shall be excluded. Because of the defendant’s criminal behavior and to the mental distress than the general civil tort damage degree is higher, more far-reaching, of the victim in criminal incidental civil lawsuit filed in the spirit of compensation it is often seen. Also, but our legislation and relevant judicial interpretations are not criminal incidental civil lawsuit the question of compensation for spiritual damages shall be clear specification, to do so not only resulted in our present legal conflict and contradiction, contrary to the law of equal protection of every citizen’s basic principles, and legal development trend of the world against. In order to realize the justice value of law, and give full play to the law for the protection of the legitimate rights and interests of citizens of the positive role, the author thinks to should be in our country has established the system of mental compensation for criminal victims.The full text is divided into five parts:The first part:introduction, in this part mainly elaborated the author studies the reason of this one problem, and the problem of the basic ideas and views, and provides an overview of the main research ideas.The second part:the first chapter, this part introduces the system of mental compensation for criminal victims of some of the basic theory, for the further study and lay the foundation for. The main definition of spiritual damage, compensation for spiritual damage, mental compensation for criminal victims of the concept, elements and main feature.The third part:the second chapter, from the perspective of comparative law on criminal victim compensation for spiritual damage system for research. Introduced in the continental law system countries and Anglo-American law on behalf of some major countries, and Taiwan area of our country in the legislation on the system of mental compensation for criminal victims of attitude and choice of the legislative mode, it also introduces the criminal victim compensation for spiritual damage of the legislative status and negative influence, finally introduces on the criminal victim compensation for spiritual damage theory.The fourth part:the third chapter, elaborated our country to establish the system of mental compensation for criminal victims of necessity and feasibility.The fifth part:the fourth chapter, mainly elaborates how to construct our country system of mental compensation for criminal victims will have some specific problems, and show that their attitudes about these issues.The sixth part:conclusion part, is to the viewpoint of the article summary, further emphasized in China to establish a system of mental compensation for criminal victims of necessity and possibility, and calls for the related legislation.