| Compensation for mental damage refers to a legal system in which natural persons suffer from illegal infringement of their personal rights,resulting in damage to their identity and personality interests or great mental suffering,and according to which infringers are required to bear compensation.The implementation of this legal system is of great significance to protect the rights and interests of victims.In view of how to compensate for the spiritual damage caused by general torts,although China has made clear provisions in the general principles of civil law and corresponding judicial interpretations,there are also a lot of practices in civil litigation on the spiritual damage compensation.However,as to how to compensate the victim for mental damage caused by the infringer’s criminal act,the relevant laws and corresponding judicial interpretations of our country have not clearly stipulated.Therefore,when trying criminal cases,courts often restrict or even refuse to accept compensation for mental damage on the grounds of lack of legal basis.Domestic academia has also launched a lot of arguments that this trial mode affects the authority and impartiality of the law,we must explore how to build a criminal collateral civil litigation spiritual damage compensation system.This paper argues that compensation for mental injury can be attached to criminal cases,which is the need to better protect the personality right of the subject of rights,and also to make China’s legal system increasingly perfect to meet the specific needs of the development of the international community.Specific implementation process can be reference in the developed countries in the judicial practice experience,to learn the essential,for example,in the form of legislation will be in the field of criminal spiritual damage compensation fixed,diversity of compensation,compensation range and so on,and based on the situation of our country of adjust measures to local conditions to mental damage compensation system be established,to improve the scientific and standardization of law in ourcountry.Specific research contents are as follows:(1)To study the related contents of mental damage and compensation,analyze the characteristics of mental damage,give the concept of mental damage compensation and the establishment of the system of mental damage compensation in various countries.(2)Analyzing the current situation and crux of compensation for mental damage in criminal incidental civil action in China,from the legislative situation of compensation for mental damage in China and judicial practice in criminal cases,it is concluded that the loss of compensation system in civil action in criminal cases in China has caused contradictions and conflicts between department laws,resulting in different judgments in judicial practice and harming criminal victims.The legitimate rights and interests as well as the problems that are not conducive to effectively cracking down on illegal activities and other issues.At the same time,the reasons for the lack of compensation for mental damage in criminal cases are analyzed.(3)Through the analysis of the spiritual compensation law of criminal incidental civil action in continental law system and Anglo-American law system,we can understand the implementation of relevant systems in foreign laws,and provide reference for the improvement of relevant legal systems in China.(4)To analyze the rationality and feasibility of introducing compensation for mental damage in criminal cases in China.(5)Give the concrete design of our country’s mental damage compensation system in criminal incidental civil litigation,including its established principles,compensation conditions,compensation scope,compensation subject and compensation amount,etc.At the same time,the corresponding supporting measures are given,and the compensation system for spiritual damage in criminal incidental civil litigation applicable to our country is obtained,which provides a reference for the reform of the judicial system. |
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