The Perfection Of The Consolation Money For The Mental Distress On Criminal Compensation Of The State Compensation

The consolation money for the mental distress system establishes relationship between intangible mental distress and tangible material compensation to find a balance.Striving to make the people feel fairness and justice in every judicial case,which is placed in an important position in judicial work,which redress wrongful convictions plays an important role.Redress wrongful convictions according to law,that means the victims are compensated and those responsible are prosecuted,to maintain judicial justice,protect human rights,and realize justice finally.The criminal compensation cases will increase continuously with redress wrongful convictions,claimants who demand compensation will ask for mental distress compensation to apply for the consolation money for the mental distress.However,there are still some deficiencies in the consolation money for the mental distress system on domestic criminal compensation,which has the problems about that compensation criteria is low and abstract.In the process of trial,the parties and the judicial organs of compensation face various problems,which leads to the simple provisions of the State Compensation Law can not adopt to complex reality.Law is perfect gradually in the process of operation,we should ensure the uniformity of the system design to prevent overlaps,ambiguities and conflicts between rules,avoid legal loopholes.With the improvement of the speed and quality of Chinese economic development,Chinese financial capacity has been enhanced to a certain extent,which was a restrictive condition has been improved now,and the improvement of people right consciousness,the consolation money is not supposed to be limited to the consolation function,but transform to compensation function.We should standardize trial management,improve judges' ability to write written judgments,Consolidate reasoning to written judgments,especially those involving the consolation money for the mental distress,promulgate the guiding cases regularly to uniform law application,achieve "treating like cases alike" among criminal compensation cases which involves the consolation money for the mental distress.The consolation money for the mental distress system has been criticized for unclear compensation standards and calculation methods.In this regard,we should establish the factor index system of the consolation money for the criminal compensation mental distress,study a large number of promulgated criminal compensation cases to index factors which influence the judge's determination,and analyze their rationality to determine the weight of every factor according to their influence on the judge's decision,and considering the particularity of each case,other factors are left in the factor index system so that each claimant applying for the consolation money for the mental distress on criminal compensation can be treated fairly.No system is perfect,and the factor index system is still at the theoretical stage,although the system has been operated in combination with cases,and getting a more reasonable amount of consolation money,however,there are still some deficiencies such as insufficient analytical data,and the distribution of weight among various factors need to be considered.To solve those problem,big data will be used to analyze more promulgated cases to promote the rationalization of the selection of factors and the scientific distribution of proportion.State compensation is the line of defense for citizens to obtain right relief by judicial means.The purpose of the consolation money for the mental distress in criminal compensation is to soothe the claimant's mental pain,which is supposed to do,safeguard the dignity and humanistic value of the compensation claimant,to avoid the "second jury" psychologically to compensation claimant,make the claimant feel the attitude and apology of the state for the mental pain caused by the wrongful conviction,defend the rights and freedoms.