The Predicament And Improvement Of The Mental Damage Compensation System In Criminal Compensation

The mental damage compensation system was formally established in the revised"state compensation law" in 2010.Being a major progress in democratic legal system,the mental damage compensation system can substantively protect citizens'spiritual rights and interests.However,with the continuous improvement of citizens'legal consciousness and the judicial system,the defects and deficiencies of the system are gradually revealed.Up to now,the judicial practice of mental damage compensation in criminal compensation is still inconsistent,causing a widespread controversy,seriously affecting the realization of the objectives and values of the system.Therefore,it is imminent and meaningful to study the issue and explore the solutions.Based on the mental damage compensation system in criminal compensation,this paper tries to analyze the specific problems of the system through empirical analysis,and then puts forward feasible suggestions in order to improve the system.This paper is divided into four parts:The first chapter analyzes theory,clarifying the constitution of the system.The mental damage compensation system in criminal compensation is analyzed from the background of the rise of the human rights idea,the remolding of the rule of law spirit and the perfection of the criminal legal system,in order to explore the feasible path of the realization of human rights and the return of substantive justice.The second Chapter introduces the system from the legislative process and judicial practice.This paper reviews the germination,groping and forming stage of mental damage compensation system in China's criminal compensation,and analyzes the predicament of the system through the empirical analysis of criminal compensation cases.The third chapter introduces the experience of the extraterritorial system.As representatives of the continental law system and the common law system respectively,Japan and the United States have both made relevant provisions on the mental damage compensation system in criminal compensation,which provides a lot of reference significance for China in the legislation technology and judicial practice.The fourth chapter introduces the path of institutional improvement.Starting from perfecting the principle,this paper proposes the improvement of the mental damage compensation system in criminal compensation from the four aspects of changing the orientation from soothing to compensation function,clarifying the criteria and rules of proof of "serious consequences",constructing scientific calculation methods,and consummating the remedy approach.