Research On The Problem Compensation For Mental Damages In Criminal Compensation

On April 29,2010,the fourteenth session of the Standing Committee of the Eleventh National People's Congress voted and passed the decision of the Standing Committee of the National People's Congress on Amending the State Compensation Law of the people's Republic of China,in which Article 35 included the compensation for mental damage into the scope of state compensation for the first time and formally established the system of state compensation for mental damage.On July 29,2014,the opinions of the Supreme People's Court on Several Issues concerning the application of mental damage compensation by the compensation committee of the people's court in the trial of state compensation cases(hereinafter referred to as the opinions)issued by the Supreme People's court gave the court the basis for dealing with mental damage compensation issues in state compensation in practice.Based on the analysis of the effective criminal compensation decision and typical cases after the promulgation of the opinion on July 29,2014,this paper finds out the specific application of the mental damage compensation system in criminal compensation.The basic idea of this thesis is to take the criminal compensation decision book and typical cases as the entry point,and on the basis of the analysis of 100 compensation decision books and 15 typical cases,sort out the current situation of the application of mental damage compensation in criminal compensation.The current situation is mainly analyzed from the general situation of the cases in the sample,the cause of action,the request for mental injury compensation and the court's judgment result,the amount of mental injury compensation and the case appeal.According to the current situation,the existing problems of this system in judicial practice are explored.These problems mainly include different standards in determining the degree of "serious consequences" of mental injury,obvious regional differences indetermining the amount of compensation for mental injury,excessively strict burden of proof and lack of auxiliary measures.In view of the existing problems,the author puts forward some measures to solve the problems,such as unifying the standard for determining the degree of mental damage,clarifying the payment standard of mental damage compensation,perfecting the relevant provisions of the provision of burden of proof and increasing the relief measures.The thesis consists of six parts.The first part mainly introduces the research background,research significance,research methods and literature review of this article.The second part discusses the general problems of the mental damage compensation system,including the meaning of mental damage,the definition and characteristics of mental damage compensation,and the legitimacy of state compensation for mental damage.The third part summarizes the specific application of this system through the analysis of the state compensation decision.The fourth part is on the basis of the third part,through analyzing the current situation and discovering the problems existing in the national compensation for mental damage compensation in judicial practice.The fifth part puts forward corresponding suggestions.The sixth part mainly explains the conclusions,deficiencies and prospects of this article.