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

In the judicial practice in China, problems of compensation for mental injury in the civil suit collateral to criminal proceedings there has been a lot of controversy. Civil suit collateral to criminal proceedings, in essence is a kind of civil action, put forward the request of compensation for mental injury in the program should apply to the relevant provisions of the civil law. Our country civil law and relevant judicial explanation of mental damage compensation system has made a comparatively perfect regulation, and crime is a kind of nature more serious infringement behavior, the country’s criminal law but denying the criminal victim’s spiritual damage compensation requirements. The difference between civil law and criminal law provisions, bring to the application of the law, the request compensation for mental damage in civil suit collateral to criminal cases is increasing, the court for such claims are not support. It cannot fully protect the interests of the victim, but also easy to make people doubt fairness and justice of the law, the damage to the authority of the law."Changchun auto theft case of infanticide is" in2013, much attention has been paid to influential cases. The author through the analysis of the case, discuss the difficulties that exist in the judicial practice, and on this basis the problem of compensation for mental injury in civil suit collateral to criminal proceedings are analyzed.This article is divided into four parts. The first part:the case is introduced and the focus problem. Introduce "Changchun auto theft infanticide case" case after and court decisions, points out that the focal point in the case:why the current law does not support the mental damage compensation? Is there a reasonable basis for "The second penalty"? Death penalty is the compensation of material damage or mental damages? The second part:analyzes the current situation of our country criminal incidental civil cases, the problem in the current practice to explain one by one. The third part:the argument of compensation for mental injury in the introduction of civil suit collateral to criminal proceedings has its rationality and feasibility. The fourth part:based on the above analysis and argument put forward some corresponding perfecting suggestion.