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Spiritual Damage Compensation in Criminal Case Appending Civil Lawsuit

Author: ChenJing
Tutor: ZongNaSheng
School: Inner Mongolia University
Course: Legal
Keywords: Moral damage compensation Civil criminal fringe Criminal Victims
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 340
Quote: 0
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Abstract


In recent years, with China ’s process of the rule of law constantly promote civic awareness of the law continued to increase, in the spirit of damages litigation also began to increase. At present, the mental damage compensation system have been included in the adjustment of China’s civil laws of the victims in their own right of damage, the right to bring the spirit of the civil damages, but the defendant’s suspected criminal violations, victims because of the violations suffered damage but not the spirit of China’s criminal legal relief, victims are not filed with the spirit of civil damages, we can not be against the spirit of the civil damages.Criminal law and civil law damages the spirit of the different provisions of the judicial practice caused confusion and contradictions. As a matter of fact, the perpetrator to the victim than the spirit of tort much damage, although the current legislative rules do not support the spirit of criminal damages to the victims request, but people with mental health gradually deepened awareness of the right of personality gradually dignity of the importance of law and the protection of criminal acts against the spirit of the voice of the right to health is gradually rising. But in today’s world, the importance of universal human rights, the law also pay more attention to the protection of the individual rights and freedom, people pay more attention to the protection of the spirit of interest and, therefore, in the long run, the establishment of criminal civil incidental damages the spirit of China’s system has become a fringe civil proceedings pressing problems.This paper intends to address with the defendant’s criminal acts damages caused by starting with the basic theory, with the world’s major countries in the legislative and judicial status quo of China’s legislature, the spirit of the criminal fringe civil damages system of research, with a view to finding the Criminal Victims Relief Law in the best way.

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CLC: > Political, legal > Legal > Chinese law > China and France
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