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China’s Criminal Attached Civil Construction of Moral Damage Compensation System

Author: WeiCan
Tutor: TianLiZhi
School: Shandong University
Course: Legal
Keywords: Compensation for moral damage Incidental civil action Crime Victim
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 245
Quote: 0
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Abstract


Moral damage is the natural person's life, health, the right to freedom of the person, name, portrait, reputation, honor and personality unlawful infringement caused by non-property damage. The spirit of damages is the compensation for the moral damage suffered by the victim. Moral damage, not only in the field of tort, certain crimes will also moral damage caused to the victim in the criminal field. At present, China's civil legislation of the moral damage compensation to be fully endorsed and was further trends the criminal legislation puts mental damages exclusion and gradually suppress the living space of this system, so that those suffering the victims of criminal acts against the moral damage aspect can not get relief. This situation is not only seriously undermine the unity of China's socialist legal system, but also to the ulterior motive of national minorities on the international system came to a pretext for attacking China's human rights. Therefore, in order to achieve fairness and uniformity of the law, and enhance China's international standing and prestige, it must be established in line with China's national conditions, criminal incidental civil action for moral damage compensation system. Mainly from the four aspects to explore the issue of compensation of the moral damage caused by the criminal: the first criminal incidental civil mental damages related concepts and features; Second, the introduction of the spirit of international and domestic criminal incidental civil damages status and controversial theory of this problem; introduce criminal incidental reasonable mental damages in a civil action; fourth, combined with existing civil and criminal aspects related laws and judicial interpretations, explores the moral damage compensation. Scope of compensation claims subject, compensation obligation main, filed complaints during mental damages, the scope of compensation, damage compensation fund and other aspects of the problem, and put forward some of the author's opinions and suggestions, the hope of promoting China's criminal incidental civil litigation moral damage compensation system legislation to benefit. Practical experience accumulated in our criminal incidental civil action for moral damage compensation system build adequate theoretical basis, more over the judiciary in exploring this system. This is humane, just, to seek harmonious era background, I would like lawmakers to abandon the traditional national parochialism and public rights meddling in the old concept of private rights, establish a modern judicial philosophy of science, and to respond to popular, conform to the international situation incidental civil action for moral damage compensation legislation to make creative breakthroughs, in order to more fully protect the legitimate rights and interests of the criminal victims.

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