| In China, the compensation for mental injury right from scratch, from simple to specific, never perfect state to gradually improve the state of. July1,2010" people’s Republic of China tort law " the promulgation and the implementation, marking the right to compensation for mental injury has been further improved. However, according to our criminal law and the relevant judicial interpretations of the criminal victim, the spirit damage compensate request question in the field of criminal legislation is blank, this kind of state in theory and practice there are a lot of problems. Crime is also a tort, comparing with general tort victims, to the spirit that cause even more damage, the spirit damage compensate request right should be protected by law and safeguard. Based on this, this paper is the mental compensation to criminal victims rights research, make some preliminary ideas, the hope can cause more attention of legal person. This paper mainly divided into six parts. The first part describes the mental compensation for criminal victims rights concept, emphasize the mental injury and material damage, is objective existence, also need to get relief; the second part explains the spirit damage compensate rights situation at home and abroad, to reveal the criminal victim’s compensation for spiritual damage defects and causes; third part of the analysis of criminal victims’ mental damage compensation rights; the fourth part clear mental compensation for criminal victims rights thinking, to improve the mental compensation for criminal victims rights legislative proposals and Judicial suggestions. |
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