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在我国,有大量的暴力性犯罪以及侮辱、诽谤等侵犯他人名誉方面的犯罪给被害人及其亲属,在身体上和精神上都造成了较民事侵权行为更为严重的损害后果。然而现行立法及相关司法解释的规定却彻底剥夺了遭受精神损失的刑事被害人获得司法救济的权利。在构建和谐社会的历史背景下,建立刑事被害人精神损害赔偿制度十分必要,既是维护私权的需要,也有利于法律的协调一致。建议修改《刑事诉讼法》和《刑法》的相关条款,并通过司法解释明确刑事精神损害赔偿的范围、主体以及确定赔偿数额的原则等疑难问题。
In our country, a large number of crimes of violence as well as insults, defamation and other crimes infringing upon the reputation of others give victims and their relatives, both physically and mentally, a more serious detriment than civil tort. However, the provisions of the current legislation and related judicial interpretation have completely deprived criminal victims of moral damages of their right to obtain judicial remedies. In the historical background of building a harmonious society, it is necessary to establish the system of compensation for mental damage of criminal victims, which is not only the need to protect private rights but also the harmony of laws. Proposed to amend the “Criminal Procedure Law” and “Criminal Law” of the relevant provisions, and through the judicial interpretation of the criminal spirit of compensation for damage to the scope of the main and determine the amount of compensation principles and other difficult issues.