刑事附带民事诉讼精神损害赔偿制度之思考

Thinking About Establishing a System of Damages for Mental Injury in Civil Suits Collateral to Criminal Proceedings

为了切实保障被害人的合法权益,以刑代赔,仅仅给予公法的保护是远远不够的,精神损害赔偿制度已纳入了我国民事法律的调整范围。为了协调法律体系内部的矛盾,也使被害人的利益得到最好的保护,应尽快建立起刑事附带民事诉讼精神损害赔偿制度。

It is far from being enough to just protect the public law by imposing punishment instead of asking for damages if we want to earnestly guarantee the victim＇s legal rights and interests. The system of damages for mental injury has been included in the adjusting scope of our civil law. In order to solve contradictions inside the legal system and to protect the victim＇s interests to the utmost degree, we should establish a system of damages for mental injury in civil suits collateral to criminal proceedings as soon as possible.