Research On Criminal Collateral Mental Damage Compensation

In civil cases incidental to criminal law,whether the victim should be allowed to submit compensation for mental damage is a question that has been controversial.According to the current law,compensation for mental damage is prohibited,but with the development of society and economy,it is allowed to file compensation for mental damage.Realistic needs.In judicial practice,the same type of torts can receive compensation for mental damage in the civil field,but it cannot be remedied in the criminal field.It is difficult to reason.Whether it should be allowed to bring compensation for mental damage in a criminal incidental civil lawsuit needs urgent research.This article uses the literature analysis method,comparative analysis method,etc.to study the issue of criminal collateral mental damage compensation.In addition to the preface,the article has four chapters:In the introduction,the background and significance of the study are expounded,and the current situation abroad and the research results of domestic scholars on compensation for criminal incidental mental damage are summarized.The first chapter elaborates the general theory of criminal collateral mental damage compensation,including its concept,characteristics,constituent elements and scope.Criminal collateral mental damage compensation is a collateral application for criminal damage compensation in criminal proceedings,which is subsidiary and certain Independence.Its constituent elements include: the criminal act,the fact of mental damage,the subjective fault of the perpetrator,and the causal relationship between the criminal act and mental damage.Its scope is limited by structural factors and restrictive factors.The second chapter analyzes the value,necessity and feasibility of establishing a system of compensation for collateral mental damages.The establishment of this system has its value in protecting human rights,displaying fairness and justice,making up for legal deficiencies and combating crime,and preventing crime.The need for practice and the elimination of conflicts between laws are necessary to establish.Criminal collateral mental damage compensation is the aggregation of criminalliability and civil liability,and there are no insurmountable obstacles in judicial practice.It is feasible to establish this system.The third chapter analyzes the legislative and judicial problems of compensation for mental collateral damage in China.Legislative issues include: conflicts between departmental laws,judicial interpretations breaking through legal provisions,and the lack of reasonable standards for determining the amount of mental damages.Judicial issues include:different judgments in the same case,excessive judge discretion,and difficult enforcement of judgment results.The fourth chapter discusses the construction of the system of compensation for criminal collateral mental damage.To construct this system,we must correctly understand and handle the relationship between mental damage and physical damage,the relationship between fairness and efficiency,and the legal rules and regulations.The relationship between legal principles;following the principle of distinguishing crimes,responsibilities,and compensation,the principle of fairness,and the principle of discretion of judges;in the design of the system,the system of moral damages compensation was incorporated into criminal incidental civil proceedings,and the system of compensation for mental damages of third parties was improved,and Clarify the scope of compensation for mental damage.