Research On The Compensation Of Mental Injury In Criminial Incidental Civil Action

For a long time, the focus of legal research and the legal system construction, key tilt in the establishment and development of the system of compensation for spiritual damages. With the continuous improvement of people's consciousness of law, mental damage compensation is becoming more and more people familiar and attention. Once the spirit of our citizens is hurt, get the compensation for spiritual damage is particularly necessary, further embodies the humanistic spirit, to further strengthen the protection of the legitimate rights and interests of citizens, is the inevitable trend of the future social development of the rule of law, based on this, the construction of criminal incidental civil litigation system of compensation for spiritual damages not only to promote people's all-round development is very far-reaching significance of in our country and practice the concept of human rights protection very realistic Significance. With the rapid development of national economy and gradual improvement of China's legal system, legal concept in the eyes of the public status of the increasingly prominent, civil rights consciousness, active or passive, or have greatly improved, which to protect the legitimate rights and interests of the citizens, improve the criminal procedure law of the People's Republic of China on the status of mental damage compensation provides powerful guarantee. In this paper, the selection of Changchun City car theft infanticide "as a typical case, on the basis of discussed. Phase compared with the civil administrative law laws and regulations of human rights becomes more and more perfect protection, our country criminal incidental civil action not always fine damages the spirit of the absorbed in, which is not only difficult to fully effective protection of civil rights, easy to Cause conflict with legal system, in the fight against crime, reflecting the legal justice special disadvantageous. In view of this. In order to support the mental interests of criminal victim proposed to construct the criminal supplementary civil spirit damage compensate system, and through chapter of China's criminal incidental civil action and spiritual damage compensation system considerations, construction method and legislative proposals, in order to achieve optimal protection of the rights of criminal victims compensation.