Criminal Victims Compensation For Mental Injury Research

According to the present law and judicial interpretation of the relevant provisions,in our country, the mental injury that the criminal victims suffered because of crime,can neither request compensation in the criminal procedure, nor through the civil suitcollateral to criminal proceeding, further couldn’t prosecute independently, the onlyway is to sue civil suit for mental damage combine with material damage, aftercriminal lawsuit. In view of this situation, we should argue for the basis of the systemconstruction, on the basis of clarification of the concepts related to criminal victimscompensation for mental injury, considering protecting the rights of criminal victims,and puts forward the idea to the construction of the system.The mental damage includes not only mental suffering but also the loss ofpersonality interests, legal person also have personality interests, so they can putforward to mental damages compensation. It is comply with the concept of restorativejustice and the trend of the the world’s legislation to establish the system of Criminalvictims compensation for mental injury, and it is in need of justice practice. It showsthe necessity of reality and practical feasibility, and should allow the victim to requestmental damage compensation in the civil suit collateral to criminal proceeding, ratherthan prosecute separately beyond the civil suit collateral to criminal proceeding, inorder to save the cost and resources, improve the judicial efficiency. And takeeverything into consideration, such as the standard of criminal victims compensationfor mental injury, the influence factors of amount, procedure, in order to seek to neweffective way of protecting the rights of criminal victims.