Research On Legal Issues Of Mental Damage Compensation In Criminal Incidental Civil Proceedings

The defendant may not only cause material losses to the victim,but also may cause mental losses to the victim because of his criminal behavior.In this regard,although the victim can file a criminal incidental civil action,while solving the defendant ’s criminal responsibility,it can also solve the material damage caused by the defendant ’s criminal behavior.However,if the victim suffers from mental damage due to criminal infringement and files an incidental civil action or files a separate civil action to claim compensation for mental damage," the Criminal Procedure Law of the People ’s Republic of China " and its related judicial interpretations before March 1,2021 stipulate that the people ’s court will not accept it.The mental damage caused by the civil tort to the parties can still get the corresponding and reasonable compensation,while the victims who suffer huge mental damage due to the defendant ’s criminal behavior can not get the corresponding compensation.It is true that it is not reasonable.There are disputes in both theoretical and practical fields,and the issue of compensation or non-compensation has always been the focus of controversy.Although the " Interpretation of the Supreme People ’s Court on the Application of <the Criminal Procedure Law of the People ’s Republic of China >"(Legal Interpretation [2021] No.1),which came into effect on March 1,2021,has been amended from the previous judicial interpretation of the victim ’s mental damage caused by criminal infringement to file an incidental civil action or a separate civil action to claim compensation for mental damage from " inadmissible " to " generally inadmissible " and allows criminal defendants and victims to deal with mental damage through incidental civil litigation mediation or criminal reconciliation procedures,there are still some problems in practice.The effect is not ideal and there is a great difficulty in reconciliation.Tricky problems such as poor social response.Based on the discussion of the basic theoretical issues of compensation for mental damage in criminal incidental civil litigation,this paper analyzes the problems existing in the field of criminal proceedings in China from the aspects of legislation and judicial practice,and then puts forward the countermeasures for the compensation for mental damage in criminal incidental civil litigation in China through the comparative study of the compensation for mental damage in criminal incidental civil litigation in foreign countries.