Research On The Compensation System Of Mental Damage In Criminal Misjudged Cases In China

The State compensation law of the People's Republic of China appeared for the first time the relevant provisions of mental damage compensation in 2010,which realized the loss of the state compensation system from scratch.This system is an important step to perfect the socialist rule of law,not only the embodiment of China's adherence to the protection of human rights,but also the courage to face and dare to bear the responsibility of the criminal misjudged the determination of the demonstration.However,in recent years,in some criminal cases which have great influence on society,there are some practical problems in the compensation for the mental damages of the victims and their close relatives,such as insufficient compensation or large disparity in compensation.On the one hand,objectively because this system is still in the initial stage of development,some provisions are too broad.In the compensation applicable standards,the scope of compensation,compensation function positioning,compensation amount of consideration and calculation methods,consider not comprehensive.On the other hand,it is also the restriction of historical and realistic factors.Based on the typical cases of judicial practice in China,and combining with the research results in relevant fields at home and abroad,this paper puts forward the personal viewpoints and ideas on the related problems of the national compensation system for the mental damage of the criminal misjudged case.This paper uses normative research,comparative study and empirical analysis to discuss the present situation of the State compensation system of the mental damage of the criminal misjudged case,draw lessons from the exploration of the system of mental damage compensation in criminal misjudged cases,analyze the predicament of the national compensation system of the criminal misjudged case,and put forward the perfect countermeasures.This paper is divided into four parts,The first part:The concept,characteristics and definition of the wrong case,mental damage,and mental damage compensation in China's criminal wrong-doing mental damage compensation system are introduced,and the institutional value of the national criminal damage caused by the criminal wrongful case mental damage is explained..The second part:From the legislative point of view to the United Kingdom,the United States as the representative of the Anglo-American law system countries and Germany,France,Japan as the representative of the Continental Law system countries,China's Taiwan region of the misjudged mental damage compensation system.On the basis of reviewing the extraterritorial legislation,we should use the reasonable system to improve the system of compensation for mental damages in criminal misjudged.Part ?:through the judicial practice of the mental damage compensation of the representative misjudged case in recent years,probe into the present situation of the compensation system of the mental damage of the criminal case,analyze its deficiency and cause the problem.The forth part puts forward the conception of further perfecting the system of compensation for mental damages in criminal misjudged crime.Including the nature of compensation from comfort to relief,appropriate expansion of the scope of compensation,as well as the reconstruction of the standard of misjudged cases,and mental damage compensation methods and standards,such as the specific practical problems,examples of existing rules and methods,This paper puts forward the most suitable method for our country,and puts forward some ideas for supporting system and compensation procedure.