Research On Mental Damage Compensation In Criminal Incidental Civil Litigation

Citizens have become more concerned about the safeguarding of moral rights in recent years,as society has progressed and the process of establishing the legal system has accelerated,and China’s system of moral damage compensation has been rapidly evolving,but the development of the system in China is unbalanced,developing rapidly in the civil field,and the civil law system of recompense for moral injury tends to be ideal,but it is stagnant in the criminal field.Although the Supreme People’s Court’s Interpretation on the Application of the People’s Republic of China’s Criminal Procedure Law（hereinafter referred to as the "New Criminal Procedure Interpretation"）,which came into effect on 1 March2021,when interpreting the criminal incidental civil litigation system,stipulates that if an attached civil lawsuit is initiated or a separate civil lawsuit is filed to claim compensation for moral losses due to criminal infringement,the people’s court generally does not accept it,and the word "general" is added to it than before the amendment.However,the right of victims and their close relatives to claim moral damage in criminal incidental civil litigation is still not clearly stipulated.In fact,with the continuous enhancement of citizens’ awareness of rights,in judicial practice,more victims will seek compensation for mental damages in criminal collateral civil proceedings,and if they are still not supported in accordance with the provisions of the judicial interpretation,it will undermine judicial authority and is not conducive to highlighting fairness and justice,and is incompatible with the protection of victims’ legitimate rights and interests.This article will examine the following five sections:Chapter Ⅰ mainly discusses the concept of moral damage compensation in criminal incidental civil litigation.By clarifying the connotation and function of moral damage compensation,the meaning and value of moral damage compensation in criminal incidental civil litigation are derived,so that the system’s architecture may be theoretically supported.Chapter Ⅱ discusses the current situation and causes of moral damage compensation in criminal incidental civil litigation in China,mainly in the legislative and judicial aspects,and analyzes the reasons for the lack of clarity in legislation and compensation for mental wear.Chapter Ⅲ examines the validity and practicability of adopting moral damages compensation in criminal cases in China.Chapter Ⅳ constructs and designs the spiritual damage compensation system of criminal incidental civil litigation in China.First,the system is designed,including the principles it establishes,the conditions for compensation,the subject of reparation,the range of reparation,and the amount of reparation.Then the operational guarantee of the system is designed,and its corresponding supporting measures are given,in order to obtain a system of moral damages recompense in criminal incidental civil action that is suitable to China.