Research On The Compensation For Mental Damage Of Criminal Victims In China

Since the economic reform and opening up, the development of social economywas rapidly, the improvement of the socialist concept of rule of law was continually inour country’s. As a consequence, the concept of the rule of law win support among thepeople, protect their legitimate rights and interests of citizens with legal consciousnessstrengthens gradually. Meanwhile, continue to explore the various legal systems andimprove it, which played a better role in escorting the legitimate rights and interests ofcitizens. As an important system of civil compensation, the system of compensationfor spiritual damage has been known, and in judicial practice, the victim suffers fromcivil tort and put forward the request for compensation for mental injury cases is oftenseen. However, in our country’s criminal incidental civil action, criminal victim can’tuse legal weapons to protect their own interests, this is obviously not reasonable, it isunfair. Therefore, it is time for construction of moral damage compensation systemfrom the legislation.Firstly, a typical case was introduced in this paper in order to describe the statusof compensation for spiritual damage of criminal victims in China. Secondly, presentthe development of legislation of compensation for mental damage, and the formationof criminal victims denied compensation for moral damage, describes the drawbacks,explain the causes. Besides, around the most fundamental reason, to rebut theperpetually existed view that the penalty can replace the compensation for mentaldamage, through the comparative analysis of three aspects of the penalty anddamages-the spirit of the nature, purpose, function. Then, the foreign criminalspiritual damage compensation system was illustrated in this paper. Finally, to discussthe establishment of the system of compensation for spiritual damage of criminalvictims in China.