Study On The System Of Consolation For Mental Injury In Criminal Compensation

In order to further implement the spirit of protecting human rights in the constitution,supervise the behavior of state organs and their staff,protect the legitimate rights and interests of citizens.In the "State Compensation Law",it is clearly stipulated that the state should pay a certain amount of compensation for the mental damage caused by the state’s infringement and the serious consequences.Nowadays,in judicial practice,the system of compensation for mental injury has been applied in many cases,which together with other compensation contents constitute the national compensation system and is an indispensable part of the compensation system.However,there are no specific and detailed legal provisions on the applicable conditions of the compensation for mental injury and the calculation standard of the amount of compensation,which leads to the failure to refer to a specific legal provisions when explaining the amount of the compensation for mental injury in judicial practice.For the compensation for personal freedom and the compensation for death or disability,there are clear calculation standards in our country,while the compensation standard for the compensation for mental damage has some room for discretion.The Supreme People’s Court’s Interpretation on Several Issues Concerning the Application of the Law to Determinate the Liability of Compensation for Spiritual Injury in the Trial of State Compensation Cases,which came into force on April 1,2021,provides a more detailed explanation on "causing serious consequences",one of the prerequisites for the application of compensation for mental injury.The legal consciousness of Chinese citizens is constantly strengthened,and the country’s judicial system is gradually developing and improving.With the passage of time,the drawbacks of the system are gradually exposed.In terms of mental damages of apply,we should attach importance to practice the organ under compensatory obligations,the compensation decision authority and relevant compensation commission experience,combined with the law,to better give play to the role of emotional distress of relief,in the judicial practice should be appropriate broaden the scope of mental damage compensation in our country,Can try to set a single compensation way to step,to distinguish between damage weightings according to the change of the pattern,the comprehensive consideration to compensate the spirit damage,tort way,both sides of the applicant,the factors such as fault,local economic development level,design a set of scientific and feasible compensation scheme and calculation standard for the judicial staff and applicants than to apply for compensation.And its application of the mental damages system,can also try the standard application and acceptance process,hearing system,establish experts consultation reconciliation for the principle of supporting measures,in order to safeguard the rights and interests of the applicant’s more efficient,supervision and operation of state power and exercise the authority of the state personnel,improve the judicial credibility,maintain the good of the rule of law social atmosphere.This paper introduces typical cases to explore the emotional compensation system under criminal compensation,analyzes the basic characteristics and obstacles encountered in the application of the system,and puts forward feasible suggestions to promote the optimization of the system.This paper contains the following contents:The first chapter is the definition of the concept,clear state compensation for criminal compensation,compensation for mental damage of the concepts,from the characteristics of mental damage compensation starts to distinguish it from compensation,for the study of mental damage compensation system to do a good job of theoretical groundwork.The second chapter starts from the necessity of perfecting the compensation system for mental injury.With the increasingly prominent concept of human rights and the increasingly perfect criminal legal system,the improvement of the compensation system for mental injury is conducive to the maintenance and supervision of the operation of the national legal system and the protection of human rights.The third chapter starts with the construction process and application conditions of the compensation for mental injury,combs the legislative process,analyzes the preconditions for the application of the compensation for mental injury,and introduces the three stages of the development of the compensation for mental injury in criminal compensation.The fourth chapter introduces the system from a series of typical cases of state compensation issued by the Supreme People’s Court.This paper analyzes a series of characteristics of the current mental damage compensation and the difficulties in the actual operation.In the fifth chapter,in view of the current operating difficulties of the compensation for mental injury,the author puts forward some measures to try to improve the system of the compensation for mental injury from four aspects:broadening the scope of compensation,perfecting the amount standard,standardizing the compensation procedure and the liability recovery mechanism.