我国刑事精神损害赔偿的缺陷及完善（Criminal spiritual damage compensation in our country the defects and perfection）.docVIP

我国刑事精神损害赔偿的缺陷及完善（Criminal spiritual damage compensation in our country the defects and perfection） Defects and perfection of criminal mental damage compensation in China Author: Lv Yawei release time: 2010-11-18 11:34:55 With the rapid development and progress of human material production, peoples demands for spiritual life are becoming higher and higher. Therefore, to improve the protection of the traditional material except for property rights of the legal system of some countries in the world, also put forward to protect the legal concept of non property right, and will be linked to non property damage on the spiritual life of the human dignity, and money, in order to protect the rights of the main body of the personal value and spiritual interests, established legal system of compensation for mental damage. At present, the compensation for mental damage in China is limited to civil affairs. In criminal proceedings, it has not been clearly defined and needs further improvement. The author believes that the protection of criminal victims spiritual damages compensation right is a private right of course development results and the inevitable requirement of the criminal infringement cases, the victim is not only a physical injury, more concern is the trauma. The law should not only forced the offender to bear criminal responsibility and the actual cost, also should give the victim a certain spiritual comfort, to reduce the victims mental pain. Therefore, on Chinas criminal spiritual damage compensation system about some superficial views. First, the case leads to the problem A few years ago, in a shocking case in Guangxi, a teacher raped 13 elementary school girls in two years, all of whom were only seven or eight. This case is a conspicuous place, the victims attorney to \ hymen \ is the material grounds to claim compensation, the claim is the first time in the country, the lawyer to the hymen pricing of 200 thousand yuan. The plaintiff lawyers said, according to t