Research On Our Country Criminal Activity Supplementary Civil Spirit Damage Compensate System

Along with the revision of the people's Republic of China Country Law of restitution by April 29,2010 by the 11th Standing Committee of the National People's Congress 14th conference, our Country Restitution Law has finally established the spirit damage compensate system, The 35th stipulation declare:"has one of the third or tenth stipulation of the law, cause the person energetic harm, must in the abuse of authority influence scope, eliminate the influence for the victim, restores the reputation, apologize; and pay the corresponding comfort gold for the serious result." This is our country compensation legislation tremendous progress, showed our country manage affairs according to law, humanist government by law idea and the determination of protecting human right. Up till now, our country has established the spirit damage compensate system in Civil and Administrative proceedings, but has not established the system in the Criminal Supplementary Civil proceeding, the Supreme people's Court on July 15,2002 gave a written reply to the subordinate Yunnan Province High court of justice:"the victims request spiritual damage compensate in the criminal activity supplementary civil proceeding, or after this criminal case settlement, the victim braces oneself the damage compensate request in civil proceeding, the People's courts do not accepts." That is the Supreme People's Court declined the right of the request the spirit damage compensation in the criminal case by Judicial Interpretation's form.this is present the place which denounced widely by the numerous scholars and the practical law people. It does not meet the need of safeguard the citizen human rights and manage the country under the rule of law idea, and it does not fit the logical unification and coordinated of our country's legal system. Therefore the writer believe that establish our country criminal supplementary civil spirit damage compensate system, it has significance important for consume our country spirit damage compensate system, reduce the conflicts between department laws, unify our country's civil and criminal law. On the other hand, in recent years, more and more criminal case victims and their close relatives request the criminal supplementary civil spirit damage compensate to the court. But none is insist by the Court, because the Judicial Interpretation of Supreme people's Court. Authough the comfort gold is very important and very useful for some serious criminal victims as well as according to the special situation, this is no dout unjust to the victims and unreasonable. Therefore, to meet the reality urgent needs, It's imminent that the law stipulate the criminal supplementary civil spirit damage compensate system.This article altogether have four chapters, the first chapter, the author written from several illustrative cases to think about and discuss our country criminal supplementary civil spirit damage compensate system, the several judicature practices procedures to the ponders. The second chapter, carries on the definition to the criminal supplementary civil spirit damage compensate system concept, introduces the present situations of our country criminal activity supplementary civil energetic spirit damage compensate system and the overseas criminal supplementary civil spirit damage compensate system's present situation; As well as the theory dispute about our country criminal activity supplementary civil spirit compensation system, The third chapter, discuss the necessity of establishes the criminal supplementary civil spirit damage compensate system, and the feasibility to carry it on.This chapter consists the legal principle theory basis of establishment criminal activity supplementary civil spirit damage compensate system, the criminal supplementary civil spirit damage compensate system is our country judicature practice urgent need, establishes the criminal supplementary civil spirit damage compensate system founds the country under the rule of law, humanist, the practical assurance of human rights, meets the international tidal current need and so on several aspects. The elaborate establishing the criminal supplementary civil spirit damage compensate system's necessity. The fourth chapter, we should pay attention to several questions on elaborate construct our country criminal supplementary civil spirit damage compensate system as well as several methods and the legislative suggestions.