我国刑事附带民事诉讼中的精神损害赔偿问题探析
发布时间：2018-12-15 21:40
【摘要】：我国民事法律以及国家赔偿法都对受害人精神权益的救济作出了相应的规定，作为拥有“小宪法”之称的新刑事诉讼法虽然在第二条明确地将尊重和保障人权纳入其中，但却将受害人精神权益的救济排斥在外，以致于在刑事案件中，受害方的合法权益很难得到全面而公平的救济。精神损害赔偿制度作为保护公民人格权益的重要制度，理应在刑事附带民事诉讼中占据一席之地。在刑事附带民事诉讼中赋予受害方精神损害赔偿请求权，有利于彰显我国保护人权的精神。随着我国经济的不断发展和法制的逐渐完善，法制观念也随之深入人心，公民的维权意识越来越强，但是我国新刑事诉讼法对精神损害赔偿规定的现状却使公民的合法权益难以得到相应的保障。 文章以吉林省长春市“盗车杀婴案”为例，分四部分对文章主旨进行论述。第一部分通过对轰动全国的“盗车杀婴案”的学理和法理的研究，指出我国刑事法律对刑事受害人精神损害赔偿保护的现状以及其与我国宪法和民事法律之间的矛盾。第二部分通过对我国现行刑事附带民事诉讼制度的研究，探讨其本质。主要对精神损害赔偿的概念以及我国目前有关精神损害赔偿的相关法律规定作详尽的描述，同时对我国刑事法律之所以将精神损害赔偿排除在外的理由进行了分析，主要有两种观点，并指出了这两种观点的失误所在，进一步得出我国刑事附带民事诉讼中应该增加对精神损害赔偿的相关规定；本部分的另一个重点就是论述和分析了精神损害赔偿的范畴，，尤其是了解学术界和实务界都颇具争议的死亡赔偿金的性质，得出死亡赔偿金实质为物质损失的范畴。第三部分主要是对在我国建立刑事附带民事诉讼精神损害赔偿制度的重要性进行论证分析，得出在我国刑事法律中增加对精神损害赔偿的相关规定十分必要。第四部分主要阐述对我国建立刑事附带民事诉讼精神损害赔偿制度的一些对策性建议，尤其是可以建立国家补偿制度，针对刑事被害人这一弱势群体建立刑事被害人国家补偿制度，体现了国家对人权的保障，反映了我国社会主义法治水平。
[Abstract]:Both the civil law and the state compensation law of our country have made corresponding provisions on the relief of the spiritual rights and interests of the victims. Although the new criminal procedure law, which has the title of "minor Constitution", explicitly includes respect for and protection of human rights in the second article, However, the relief of the victim's mental rights and interests is excluded, so that in criminal cases, the injured party's legal rights and interests are difficult to obtain comprehensive and fair relief. As an important system to protect the rights and interests of citizens, the system of compensation for mental damage should occupy a place in the incidental civil action. Giving the injured party the right to claim compensation for mental damage in the civil suit incidental to the criminal law is beneficial to the protection of human rights in our country. With the continuous development of our economy and the gradual improvement of the legal system, the concept of the legal system has also taken root in the hearts of the people, and citizens' awareness of safeguarding their rights has become stronger and stronger. However, the current situation of the new criminal procedure law on compensation for mental damage makes it difficult to guarantee the legitimate rights and interests of citizens. Taking Changchun City, Jilin Province, as an example, the article is divided into four parts. The first part points out the present situation of criminal law and its contradiction with the constitution and civil law of our country through the research on the theory and legal theory of "car theft and infanticide case", which is sensational all over the country, and points out the present situation of the criminal law's protection to the criminal victim's mental damage. The second part discusses the nature of criminal incidental civil procedure system in China. This paper mainly describes the concept of compensation for moral damage and the relevant legal provisions on compensation for mental damage in our country at present. At the same time, it analyzes the reasons why the criminal law of our country excludes the compensation for mental damage. There are two main points of view, and pointed out the fault of these two views, and further come to our country criminal incidental civil proceedings should be added to the relevant provisions of compensation for mental damage; Another important point of this part is to discuss and analyze the category of compensation for mental damage, especially to understand the nature of death compensation, which is controversial in academic and practical circles, and draw the conclusion that the essence of death compensation is the category of material loss. The third part mainly analyzes the importance of establishing the system of compensation for mental damage in criminal incidental civil proceedings in our country, and draws the conclusion that it is very necessary to increase the relevant provisions of compensation for mental damage in the criminal law of our country. The fourth part mainly expounds some countermeasures to establish the system of compensation for mental damage in criminal incidental civil proceedings, especially the establishment of national compensation system. The establishment of national compensation system for criminal victims as a vulnerable group reflects the national protection of human rights and the level of socialist rule of law in China.
【学位授予单位】：四川省社会科学院
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
本文编号：2381336
[Abstract]:Both the civil law and the state compensation law of our country have made corresponding provisions on the relief of the spiritual rights and interests of the victims. Although the new criminal procedure law, which has the title of "minor Constitution", explicitly includes respect for and protection of human rights in the second article, However, the relief of the victim's mental rights and interests is excluded, so that in criminal cases, the injured party's legal rights and interests are difficult to obtain comprehensive and fair relief. As an important system to protect the rights and interests of citizens, the system of compensation for mental damage should occupy a place in the incidental civil action. Giving the injured party the right to claim compensation for mental damage in the civil suit incidental to the criminal law is beneficial to the protection of human rights in our country. With the continuous development of our economy and the gradual improvement of the legal system, the concept of the legal system has also taken root in the hearts of the people, and citizens' awareness of safeguarding their rights has become stronger and stronger. However, the current situation of the new criminal procedure law on compensation for mental damage makes it difficult to guarantee the legitimate rights and interests of citizens. Taking Changchun City, Jilin Province, as an example, the article is divided into four parts. The first part points out the present situation of criminal law and its contradiction with the constitution and civil law of our country through the research on the theory and legal theory of "car theft and infanticide case", which is sensational all over the country, and points out the present situation of the criminal law's protection to the criminal victim's mental damage. The second part discusses the nature of criminal incidental civil procedure system in China. This paper mainly describes the concept of compensation for moral damage and the relevant legal provisions on compensation for mental damage in our country at present. At the same time, it analyzes the reasons why the criminal law of our country excludes the compensation for mental damage. There are two main points of view, and pointed out the fault of these two views, and further come to our country criminal incidental civil proceedings should be added to the relevant provisions of compensation for mental damage; Another important point of this part is to discuss and analyze the category of compensation for mental damage, especially to understand the nature of death compensation, which is controversial in academic and practical circles, and draw the conclusion that the essence of death compensation is the category of material loss. The third part mainly analyzes the importance of establishing the system of compensation for mental damage in criminal incidental civil proceedings in our country, and draws the conclusion that it is very necessary to increase the relevant provisions of compensation for mental damage in the criminal law of our country. The fourth part mainly expounds some countermeasures to establish the system of compensation for mental damage in criminal incidental civil proceedings, especially the establishment of national compensation system. The establishment of national compensation system for criminal victims as a vulnerable group reflects the national protection of human rights and the level of socialist rule of law in China.
【学位授予单位】：四川省社会科学院
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
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