Constructing The Spiritual Compensation In The Civil Depended Criminal System

The criminal procedure law of our country has already established thecriminal supplementary civil action system, although the civil litigation and criminal pure incidental civil action has certain difference, but the criminal supplementary civil action still belongs to civil in nature, and our countrycriminal incidental civil action did not establish a system of compensation for mental damage, this is a lot of legislation defect. With thedevelopment of market economy and the concept of human rights,spiritual damage compensation system has been paid more and more attention. So, the regulations of compensation for mental damage the existing legislation is not perfect, the existing legal provisions may request the spirit damage compensation in the civil litigation, but in the criminal supplementary civil action in huge mental damage to the victim of the crime of compensation does not make provisions, also has the very great dispute in theory circle, but also leading to the judicial confusion.The first part is the basic theory of civil spirit damage compensation litigation incidental.It expounds the basic meaning of the spiritual damages compensation,discusses in detail the nature of civil compensation for spiritual damageincidental, function and constitutive elements. The second part is the analysis of the legislative and judicial status of compensation for spiritual damages incidental civil action in criminal. The second part is the analysis of the legislative and judicial status of compensation for spiritual damages incidental civil action in criminal. Using a large amount oftheoretical research, the investigation and the judicial practice case, from a practical point of view objectively to the criminal supplementaryconditions for compensation for civil spirit damage are discussed,expounded the reason for strong civil litigation should be the spirit damage incidental and reliable basis. Most of the third is the construction of civil spirit damage compensation litigation system of our criminal incidental. Combined with the foreign advanced legislative theory,successful case and the reality of our country, combining with advanced foreign legislative theory, successful case and the reality of our country,put forward the construction of the system of compensation for spiritual damages of supplementary civil action in criminal proceedings of clearideas and solutions.