| The system of compensation for spiritual damages have detailed provisions in our civil category in the field ", is of great significance to the people’s Republic of China promulgated the law of tort liability" and construction, compensation for mental damages rights, especially a form a clear meaning of the system of compensation for spiritual damages, in Chinese civil law system for human rights spirit smooth right of compensation provided a powerful legal weapon to realize. Infringement on rights, have the right to violate the human told, get the compensation for mental damage. However, in China’s current legal system,when the criminal case occurs, the criminal victims by criminal acts in the spirit of the damage, it can not enjoy the right to compensation for its deserve the violation, many cases of criminal victims has been damaged, to seek legal relief, the litigation request but not to accept or support of the court.In our country’s criminal law and relevant judicial interpretations, the regulations about criminal victim by criminal behavior and suffer loss of Ming inlegal provisions, such as the "criminal law" provisions of article thirty-sixthconcerning compensation for economic losses, "the people’s Republic of China Criminal Procedure Law" of the relevant provisions of the Supreme People’s court, "certain provisions" (hereinafter referred to as the "high regulation") the correlation method clauses from procedures give support."There are factors from the development of the times the development process of criminal law" and "Criminal Procedure Law" and other laws in legal history,criminal spiritual damage the victim’s relief channels several without,"Regulations" is more "further" negative criminal incidental civil action lawsuitright of the victim. So the formation of a contrary to the common sense law phenomenon:crime victim because criminals suffered mental damage in different degree, in the criminal law is not the spirit damage compensate legal relief; but if the cause is a tort can obtain the corresponding compensation. To obtain compensation for the spiritual damage possibility in criminal and civil cases has different status in the world, is the field of justice is also very strange, contradictory provisions. Some scholars put forward, you can find another way to safeguard their own legitimate rights and interests, it is a civil lawsuit alone, rather than criminal incidental civil action; this is not a solution.However, in the practice of our country in the legislative level, but did not makeprovisions should be relative with the. Official Reply of the Supreme People’scourt also related to a clear answer, after a case into the court tribunal began hearing or case handling is completed, the victim if we want to sue the infringercompensation, but in the procedure can go without the road, the court simply will not finance party claims filing will not give, for whatever reason and no matter what reason can not. As can be seen, the right to request the victim is unable to obtain the understanding and support, security, could be. The victimbecause of the criminal law and the civil law is different, the same in the rights and interests are violated can’t get the same relief, major contradictions is in our current law, which need to be solved urgently.The reason in the criminal domain deletion of this article is for the purpose ofspiritual damage compensation system and its shortcomings, and in the system of compensation for criminal victims mental damage value analysis(especially the legal value) on the basis of the count in our country since theMay case handling and in front of the specific case since the loss of the spirit of litigation in the court, the loss can be a lawsuit this system established in the field of judicial practice and the reality of the suggestions and opinions,experience and so on, filled with people on their own losses and claims in thearea of criminal law vacancy, and the guarantee and maintenance of human rights. |
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