Concise Remark On The Question Of Compensation For Spiritual Damages Of Civil Suit Collateral To Criminal

The establishment and development of the system of compensation for spiritualdamages has been the focus and hot legal construction and research. Because ofpublic legal consciousness gradually increased, the spirit of damages by the peoplemore and more familiar and attention. When the spirit of the people hurt, the spiritdamage compensation is necessary, further strengthening the protection of people’sspirit benefit, embodies the humanistic care for people, also will become thedevelopment trend of the modern society of rule of law. Therefore, the establishmentand perfection of the supplementary civil action in criminal spiritual damagecompensation system, to improve China’s legal protection of human rights, is of greatsignificance to promote the all-round development of people. In this paper, on thebase of analyzing the present situation of the compensation for spiritual damagesincidental civil action in our current criminal, thought that in our country criminalincidental civil action to allow citizens to put forward the spirit of damages is of greatnecessity, should establish the compensation system of mental injury in criminal withcivil lawsuits in the field of criminal legislation in china. This paper is divided intofour parts: the first part is mainly to explain some concepts of damages and spiritualdamages, focuses on the meaning and functions, characteristics of the compensationfor mental injury in the civil suit collateral to criminal; the content of the second partis the status of mental damage compensation in China are analyzed. The currentprovisions in our civil law of damages is quite perfect, but in criminal law provisionson the system has some limitations, especially the criminal not incidental civil actionfor compensation for mental damage of acceptance is highlighted many disadvantages;the third part mainly elaborated our country supplementary analysis of legitimacyestablishment spiritual damage compensation system in civil procedure in criminal.The part from the should be in criminal incidental to establish spiritual damagesystem on civil litigation, discusses the necessity and feasibility, clear in our criminalwith the mental compensation system should be established in civil procedure; fourthpart is the basic idea of establishing criminal incidental civil action system ofcompensation for mental damage. Legislative and judicial principles, application andother aspects of the system of compensation for mental injury in the civil suitcollateral from the establishment of the criminal was discussed.