Research To Mental Solatium Of Criminal Suit With Civil Action

Beginning with describing the nature of criminal suit with civil action clearly,it clarifies criminal suit with civil action is procedure adjustment according to the economy of administration of justice,which shouldn't affect legal liability of the accused.That is,aggregate liability must be consistent to separated liability,in which spiritual damage should be included also.After that,the thesis verifies the necessary of setting spiritual damage in 4 aspects,which is the replacement of mental compensation when criminal law function changed,which helps to maintain the unity of law and helps to meet the requirement of the Constitution,which improves the rights remedy to victim,and finally which meets the development tendency of law in the world and so on.It also narratives kinds of damages on the violation of the personality right,then explains the difference between spiritual damage and the violation of the spirit personality right,and the difference between material damage compensation and the violation of the material personality right.There are material damage and spiritual damage in the violation of personality right.After that,it illustrates denying spiritual damage of criminal suit with civil action is unconstitutional and violates with civil law and the related judicial interpretation.Approved spiritual damage of criminal suit with civil action maintains the uniformity of law and embodies the purport of law to protect the civil rights.Following this,it gives advice to satisfy spiritual damage compensation,which includes general idea and concrete measure.The thesis adopts interpretive study method,historical study method,comparative study method etc.