| 刑事附带民事诉讼中精神损害赔偿问题研究 |
| Alternative Title | Study on Compensation for Mental Injury in Civil Suit Collateral to Criminal Proceedings
|
| 张伟龙 |
| Subtype | 硕士
|
| Thesis Advisor | 贾登勋
|
| 2014-05-23
|
| Degree Grantor | 兰州大学
|
| Place of Conferral | 兰州
|
| Degree Name | 硕士
|
| Keyword | 刑事附带民事诉讼
精神损害赔偿
必要性与合理性
制度构建
|
| Abstract | 在现代社会，公民的精神权利越来越受到重视，精神健康已经成为人们健康生活的重要组成部分，保护公民的精神权利不受侵犯是法律的重要职责。我国的民事法律规范对公民遭受的精神损害予以承认和支持，但是在刑事附带民事诉讼中却不允许被害人提出精神损害赔偿的请求。刑事犯罪类案件作为一种破坏国家秩序、危害公民人身安全的活动应当受到法律的严惩，然而在现实生活中，这一些刑事案件不但侵害了公民的个人财产、身体健康，而且对被害人或者死者近亲属的精神也造成了巨大的打击，他们的精神权益也应该受到法律的保护。
文章的引言部分是通过对一起交通肇事案受害人精神损害赔偿纠纷的介绍和评析，引出目前我国关于刑事附带民事诉讼中被害人精神损害赔偿的理论研究。本文共分三个部分。 |
| Other Abstract | In the modern society, the spirit of the civil rights have drawn more and more attention, mental health has become an important part of people's health life. The spirit of protecting civil rights from infringement is the important responsibility of the law. The compensation for mental injury has been recognized and supported according to the civil law in our country while in civil suit collateral to criminal proceedings the requirement for the mental injury compensation is not allowed. The criminal cases are activities which break the order of the country, damage citizen’s personal safety should be punished, whereas in real life, these criminal cases not only bring damage to a citizen’s personal property as well as physical health, but also lead huge damage to the victim or the dead relatives’ mental health, their spiritual rights shoud be protected by the law.
The introduction part of the article is based on the dispute of compensation for mental injury in the traffic accident victims of introduction and evaluation, which leads to the current our country about the victim compensation for mental damage in civil suit collateral to criminal theory research. This article is divided into three parts.
The first part briefly introduce the definitions of mental injury, compensation for mental injury and civil suit collateral to criminal proceedings as well as the characteristics of the terms mentioned above. A simple understanding of the victim’s compensaion for mental injury can be obtained through comparing the differences and connections of each definition.
The second one is the key part of this article. Firstly it introduces some law-making stipulations, judicial interpertations, judicial practices and some related theories existed at present in crimminal victim’s compensation for spiritual injury in our country. Then some existing problesm as well as some shortcomings are analyzed. lastly, the necessity and rationality are proved by combining the legislative trend of compensation for victims’spititual injuries in criminal cases in foreign countries and the realities in our country.
The third part is some suggestions for law-making and some thoughts on compensation for victims’ mental injuries in our country. On one hand, it is necessary to perfect some related laws and regulations as well as give the rights for victims for compensation for mental injuries. On the other hand, through establishing state’ assistence and social rescue to solve the p... |
| URL | 查看原文
|
| Language | 中文
|
| Document Type | 学位论文
|
| Identifier | https://ir.lzu.edu.cn/handle/262010/202131
|
| Collection | 法学院
|
Recommended Citation
GB/T 7714 |
张伟龙. 刑事附带民事诉讼中精神损害赔偿问题研究[D]. 兰州. 兰州大学,2014.
|
Items in the repository are protected by copyright, with all rights reserved, unless otherwise indicated.
