Study On Compensation For Mental Injury In Civil Suit Collateral To Criminal Proceedings

In the modern society, the spirit of the civil rights have drawn more and more attention, mental health has become an important part of people’s health life. The spirit of protecting civil rights from infringement is the important responsibility of the law. The compensation for mental injury has been recognized and supported according to the civil law in our country while in civil suit collateral to criminal proceedings the requirement for the mental injury compensation is not allowed. The criminal cases are activities which break the order of the country, damage citizen’s personal safety should be punished, whereas in real life, these criminal cases not only bring damage to a citizen’s personal property as well as physical health, but also lead huge damage to the victim or the dead relatives’ mental health, their spiritual rights shoud be protected by the law.The introduction part of the article is based on the dispute of compensation for mental injury in the traffic accident victims of introduction and evaluation, which leads to the current our country about the victim compensation for mental damage in civil suit collateral to criminal theory research. This article is divided into three parts.The first part briefly introduce the definitions of mental injury, compensation for mental injury and civil suit collateral to criminal proceedings as well as the characteristics of the terms mentioned above. A simple understanding of the victim’s compensaion for mental injury can be obtained through comparing the differences and connections of each definition.The second one is the key part of this article. Firstly it introduces some law-making stipulations, judicial interpertations, judicial practices and some related theories existed at present in crimminal victim’s compensation for spiritual injury in our country. Then some existing problesm as well as some shortcomings are analyzed, lastly, the necessity and rationality are proved by combining the legislative trend of compensation for victims’spititual injuries in criminal cases in foreign countries and the realities in our country.The third part is some suggestions for law-making and some thoughts on compensation for victims’ mental injuries in our country. On one hand, it is necessary to perfect some related laws and regulations as well as give the rights for victims for compensation for mental injuries. On the other hand, through establishing state’ assistence and social rescue to solve the problems existed in the hardship of the excution of the court and total protection of victims’ mental injuries.At last, the conclusion of this artical is to give the emphasis on citizen’s right and the return of the values of law by reclaiming the establishment of compensation for mental injury in civil suit collateral to criminal proceedings.