Judicial Review and Reflection on the Compensation for Mental Damage to Criminal Victims:With a Focus on Cases Involving Criminal Motor Vehicle Traffic Accident Disputes
In personal injury tort cases,compensation for mental damage serves as a financial remedy for the victim's decreasing spiritual interests,holding a unique value in the detailed calculation of the victim's losses.When the tortfeasor is held criminally responsible,there is a theoretical debate between two views on whether the victim is still entitled to claim compensation for mental damage:one rejects the claim,while the other receive it.The criminal and civil legal systems have distinct provisions on this matter;the former generally does not accept such claims,while the latter explicitly supports the victim's right to claim.The inconsistency in legal provisions has led to widespread disparities in judicial decisions.This paper takes motor vehicle traffic accident cases as an example to empirically examine the issue of compensation for mental damage to criminal victims,summarizing and organizing the specific manifestations of the two views in judicial practice and the differences in legal application.Through critical analysis of the drawbacks of the rejection view and the legitimacy of the receptivity view,the paper further suggests improvements to the system of compensation for mental damage to criminal victims.
Compensation for Mental DamageCriminal LiabilityRejection TheoryReceptivity Theory
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