Judicial Relief For Mental Injury Of Criminal Victims

Mental compensation is actually what we usually call mental damages,which is the opposite of material damages compensation.It refers to the infringement committed by the infringer that causes spiritual pain,physical pain or other damage to spiritual interests of others.The law of the People's Republic of China on tort liability has made some provisions.If the person's rights and interests are infringed upon and serious mental damage is caused,the victim may claim compensation for the mental damage.However,in the more serious cases of personal infringement,that is,the area of compensation for mental damage caused by criminal ACTS,is blank in the current law of our country.It is well known that the compensation for mental damage has gone through a process from blank to emergence to relative perfection in the whole field of civil law.Article 120 of the general principles of the civil law of the People's Republic of China clearly stipulates that the right to name,portrait,reputation and honor of a citizen shall be infringed.In the actual judicial practice,the legal precedents for the claim of moral damage compensation and support for the damage of citizens'personality rights have already appeared.Although the mental damage compensation system in our country in the field of civil law stipulated in the relevant specification,but there is no clear in the civil legislation of crime of mental injury caused by the judicial relief,and about the request of the mental damage compensation in the criminal procedure law has been ruled out,even in a separate criminal victims filed a civil lawsuit also cannot ask spirit damage compensate.Many criminal crimes bring great spiritual loss to the victims and their families.However,when the state treats criminal cases,it often pays more attention to the criminal punishment for the criminals,but neglects the compensation for the victims,especially the compensation for spiritual damage.In view of the above phenomena,the author hopes to put forward some constructive Suggestions through this article to enrich the judicial relief for the spiritual damage of the criminal victim.This article will discuss the judicial relief of the mental damage of criminal victim from four aspects.Firstly,by referring to relevant cases,the author finds out the typical cases that support the mental damage of criminal victims and deny the compensation for mental damage.The second part discusses the plight,reason and meaning of judicial relief of the victim's compensation for mental damage in our criminal crime.The third part analyzes the necessity and rationalization of the system of compensation for mental damage of criminal victims from the four aspects of human rights foundation,value foundation,rule of law foundation and legal foundation.The last part puts forward how to perfect the judicial relief of the mental damage of the criminal victim in our country.The author believes that it is necessary to establish the spiritual damage compensation system in China's relevant laws in order to achieve the civil law and criminal law unification and socialist justice,better safeguard the interests of criminal victims and enhance the social responsibility of the accused.This article briefly puts forward some Suggestions on perfecting the compensation system of the criminal victim's mental damage,hoping to enrich the theory and strengthen the judicial relief of the criminal victim's mental damage in our country.