On The Compensation For Victims Of Rape Mental Damage

With the progress of the mental civilization and the development of legal system in our country, people come to pay more attention to the protection of mental rights. As a focus in law, compensation for mental injury is popularly emphasized on by the theoretical and judiciary fields as well as common people. At present, the civil laws in our country has established relatively perfect systems on mental injury compensation, and have formed specific applicable rules. But in the field of criminal proceedings, the victim’s mental injury compensation is excluded by criminal law and criminal procedure law. According to current laws, the infringed in the tort cases could obtain the mental injury compensation. On the contrary, the rape victims suffering great mental injury couldn’t acquire mental injury compensation. The stipulations in the criminal law and criminal procedure law on mental injury compensation are contradicted to civil laws and juridical practices. It directly affects the legal improvement and legal justice. It is also unfavorable for the protection of rape victims’rights. In addition, it does not conform to the trends of human rights protection in the world.In the perspective of rape victims’ rights protection, the author emphasizes on analyzing the legal loopholes on mental injury compensation systems of criminal law and criminal procedure law in our country, and tries to put forward suggestions about how to protect the rape victims’rights of mental injury compensation. This paper is divided into five parts. First of all, the author defines the concept of chastity right, and states the relations of chastity right and mental injury compensation of rape victims. Secondly, the author points out legislative situations on mental injury compensation of rape victims and analyzes their reasons. Thirdly, the author makes the necessity and feasibility analysis on the mental injury compensation of rape victims. Necessity analysis includes conflict coordination between criminal laws and civil laws, prevention of illegal private settle between victims and criminal offenders, improvement of legal systems in China and so on. Feasibility analysis includes theoretic aspect and practical aspect. In the fourth part, extraterritorial inspection of legal systems on the mental injury compensation of rape victims is presented. In the last part, the author explores the systems construction on mental injury compensation systems for rape victims, and specific systems are proposed, which are adding provisions on the mental injury compensation of rape victims in criminal law, adding the procedures on mental injury compensation of rape and other crimes in the law of criminal procedure, and stipulating the compensation system on damage of chastity right explicitly in civil law.