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刑事附带民事诉讼中的精神损害赔偿由于缺乏立法规定,被害人及其近亲属因犯罪行为而受到的精神损害无法得到补偿,这既给当事人带来了极大的痛苦,也显失公平正义。我国《民法通则》规定了因民事侵权行为给受害人在人格、尊严、精神、信誉等人身权造成的损害,行为人应当承担赔偿责任;而给被害人在人身权方面造成的损害强度远远大于民事侵权行为的犯罪行为却不承担赔偿责任,这不仅有悖于法治的基本要求,也破坏了国家法制的统一。因此,我国的刑事立法应当明确规定刑事附带民事诉讼精神损害赔偿制度。
Mental damages in criminal incidental civil proceedings Due to the lack of legislative provisions, the victims’ and their close relatives can not be compensated for the mental damage they have suffered as a result of criminal acts. This not only brings great suffering to the parties but also shows fairness and justice. The “General Principles of Civil Law” stipulates that the perpetrator should bear the liability for compensation due to the personal rights of the victim, such as personality, dignity, spirit, credit, etc. as a result of the tort of torture. The intensity of the damage caused to the victim in the aspect of personal rights is far greater than the civil tort However, the crime of conduct does not bear the liability for compensation, which not only contradicts the basic requirements of the rule of law, but also undermines the unity of the state legal system. Therefore, our country’s criminal legislation should clearly stipulate the system of compensation for mental damages incidental to civil suits.