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A Study On The Compensation For The Mental Damage Of The Victims In The Rape Crime

Posted on:2019-07-12Degree:MasterType:Thesis
Country:ChinaCandidate:Q P XieFull Text:PDF
GTID:2416330578952212Subject:Law
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In today's era,society has entered a stage of rapid development,and even changes in some places can be described as changing with each passing day.With the continuous and steady improvement of people's material living standards,people's awareness of law and rights protection is gradually improving,and more and more attention is paid to the protection of their spiritual and personality rights and interests.China's personality right system is born to protect the human rights of our citizens.The continuous improvement of this system makes personality relief measures develop rapidly when the spiritual interests of citizens are damaged.Accordingly,in theory and practice,the problem of compensation involved by citizens when they suffer mental damage has arisen accordingly.At the present stage,the compensation system for mental damage in our country has formed a relatively perfect system in civil law,but criminal law does not allow victims to claim compensation for mental damage.The crime of rape is different from the general criminal offences.It is a serious violent crime of bad nature.It belongs to the eight types of serious violent crimes stipulated in the Criminal Law as well as the crimes of intentional homicide,intentional injury causing serious injury or death,robbery,drug trafficking,arson,explosion and dangerous substance throwing.The crime of rape will not only affect the society.It will have a serious impact on the safety and stability of the victim,and will also cause physical damage to the victim,but also bring mental suffering and mental trauma that can not be erased.However,in our existing laws,the victim can not get compensation for mental damage.This conflict between criminal and civil law provisions is not conducive to fully protecting the legitimate rights and interests of victims,nor can it conform to the current trend of human rights development.General Secretary Xi Jinping once said that our goal is to let the broad masses live a better life,that is,to let the broad masses fully appreciate the justice,justice and warmth of the judiciary,and deeply appreciate the humanistic care.In order to better protect the human rights of victims of rape,this paper makes a comprehensive study of the deficiencies and causes of the provisions on compensation for mental damage of victims in the current law of our country,analyses the necessity for victims of rape to get compensation for mental damage,and probes into the compensation for mental damage of victims.The feasibility of compensation is put forward,and suggestions for improving the deficiencies of relevant provisions in the current law are put forward.In addition,at present,the court imposes almost no fines or civil compensation on rape offenders.It clearly stipulates that the victims of rape have the right to compensation for mental damage,which can increase the property penalty for rape offenders,so that they will be subject to greater restrictions and constraints on personal consumption during prison service and on reporting commutation and parole.Increasing the cost of crime of rape can better punish and crack down on the prevention of rape.This article is divided into five parts for research.The first part studies the concept of compensation for mental damage of victims of rape.First,clear the definition of mental damage and mental damage compensation.Secondly,we should clarify the definition of chastity and chastity right.Finally,the causal relationship between the compensation for moral damage and the right of chastity is also analyzed.The second part combs and studies the provisions on compensation for mental damage of rape victims in the current law of our country,and analyses the deficiencies and causes of the deficiencies of the current provisions.Firstly,it analyses the deficiencies of the current law on compensation for mental damage of rape victims,including that criminal law does not support the victim's claim for compensation,and civil law lacks the protection of the right to chastity.Secondly,it analyses the reasons for the deficiencies of the current legal provisions,including the traditional theory does not support compensation for moral damage,the legislator does not pay enough attention to the protection of the right of chastity,and the defendant's poor compensation ability in rape crime.The third part studies the necessity and feasibility of victims'compensation for mental damage in rape cases.First,it analyzes the necessity of obtaining compensation for mental injury for victims of rape.It includes coordinating the conflict between criminal law and civil law,respecting the victim's personal dignity,combating and preventing rape,implementing the principle of fairness and justice,and promoting the perfection of our legal system.Secondly,it demonstrates the feasibility of obtaining compensation for mental damage for victims of rape crimes.Including the continuous development of the law on personality rights and the accumulation of trial experience by judges.The fourth part makes a comparative analysis of the provisions of compensation for mental damage of rape victims in other countries and other regions,and summarizes the experience from them.The object of comparative analysis includes the provisions of the United States,Japan,Germany,France and Taiwan on compensation for mental damage of rape victims.The fifth part studies how to improve the current law on compensation for mental damage of rape victims,and puts forward personal views and suggestions,including adding provisions on compensation for mental damage of rape victims in the Criminal Law,supplementing relevant procedural provisions,and regarding the right of chastity as a citizen's sole right.The right to personality is clearly stipulated in the general principles of civil law,making it a legal personality right.
Keywords/Search Tags:Compensation for mental damage, right of chastity, rape, criminal incidental civil
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