Compensation for moral damage incidental civil action research in
|Keywords||Criminal incidental civil action Mind injury compensation State compensation system|
As an important legal system, compensation for psychological loss reflects the social respect to people’s knowledge and value, and has important significance for protection of human rights and building harmonious social order.In our coutry’s civil law and practice,mind injury compensation system has been established. Although the victim usually suffer sprit losses in criminal proceedings,our legislation and relevant judicial interpretations have not provide compensation for mental loss system in supplementary civil action in criminal procedure.Exclude mind injury compensation systerm in Criminal incidental civil action will caused legal system confliction, count agaist the protection of victim’s rights and interests,and damage our international image. Now the world’s most countries have admited giving the criminal victim’s right of achieving mind injury compensation and also establish completed legal system,which be worth of us learning.As the development of legalizationt and the subject of in-depth research,most of our country’s scholar have admit the theory of mind injury compensation and some case involve it in judicial practice.