On The Compensation For Mental Damages In The Criminal Supplementary Civil Action

The theoretical circle and judicial circle in our country for mental damage compensation of civil suit collateral to criminal proceedings has long been a debate,in the field of civil law,especially the tort liability law,civil litigation accepted by and in accordance with the law to support the mental damage compensation claims is completely clear;And corresponding to the field of criminal law,for the crime problem of compensation for mental injury caused by the form of judicial interpretation is still clear.But at the same time the criminal incidental civil essence is also the civil litigation,the parties in the lawsuit request of compensation for mental injury should be put forward by the applicable regulations in the field of civil law,criminal law field also have this regulation.In judicial practice,therefore,corresponds to how to choose the applicable laws and regulations or judicial interpretation process over the civil suit collateral to criminal proceedings,but also the confusion caused by the referee.In civil rights consciousness increasingly awakening today,will face more and more civil suit collateral to criminal spiritual damage compensation claims,judicial practice is based on the interpretation of the criminal justice does not support the referee,it was illegal,also damage the criminal victim or his near relatives shall have the rights and interests,and make the public justice to produce trust crisis,greatly affect the authority of law.Therefore,the author try to in the perspective of tort liability law,clarify the essence connotation of compensation for mental damage,the civil suit collateral to criminal proceedings analysis of mental damage compensation of civil suit collateral to criminal judicial practice is difficult,and explore how to build the mental damage compensation system of civil suit collateral to criminal proceedings.In this paper,a total of five parts.The first part: to clarify mental injury,mental damage compensation,the concept of compensation for mental damage;civil suit collateral to criminal proceedings The second part analyzes the present situation of compensation for mental injury civil suit collateral to criminal proceedings and academic point of view;The third part: under the tort liability law perspective,and from the aspects of legislation and judicial practice to explore the problems existingin the civil suit collateral to criminal rich;The fourth part: based on the method of outside of comparative investigation,search for spiritual damage compensation of civil suit collateral to criminal proceedings to build an opportunity;The fifth part:from multiple perspective how to build the mental damage compensation system of civil suit collateral to criminal proceedings and creating Suggestions are put forward.