The Construction Of The System Of Mental Damage Compensation In Criminal Incidental Civil Procedure In China

Mental damage compensation system is a important part in damage compensation system,generally speaking, mental damage compensation system refers to a legal system, which victims’ relatives sue to court to request victimizer to take some compensation and assistance with money and other compensation methods, when they suffer great mental pain. As the development of civilization, people’s rights awareness is become more and more strong,Mental damage compensation system has been attracted people’s great attention, however, national legislation and judicial has completely excluded it from the scope of compensation out. This approach has been greatly hampered the process of legalizing course and lead to victims obtain relief nowhere and rights are not guaranteed, which is not consistent with the requirements of social development and progress in author’s view.Articles start from the meaning of spiritual damages starting to discuss the system in China’s history and procedure initially established, and then discusses the concept in Criminal Cases mental damages, immediately start studies abroad Perspective related systems in other countries to build, including civil law countries and common law countries, in-depth analysis and discussion, followed by starting the discussion of specific practices in judicial practice and related dispute theorists from the current situation in China, the final discussion of the establishment of the spirit in criminal cases. necessity and feasibility of damage compensation system, and make relevant recommendations to build and improve the existing system in principle and system.