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在民事诉讼中,公民或法人的精神损害赔偿已有明确的规定,但在我国现行刑事诉讼法的附带民事诉讼中,规定由犯罪行为造成的物质损失可以得到赔偿,而由此造成的精神损失却不予赔偿。但是,由于司法实践的需要和为协调不同部门法冲突的需要,在附带民事诉讼中应当确立精神损害赔偿制度,有利于保护被害人的合法权益。
In the civil lawsuit, the compensation for the mental damage of citizens or legal persons has been clearly stipulated. However, in the incidental civil lawsuit in the current Criminal Procedure Law of our country, it is stipulated that the material loss caused by the criminal act can be compensated and the mental loss But no compensation. However, due to the need of judicial practice and the need of coordinating the conflicts of different departmental laws, the compensation system of mental damages should be established in the incidental civil proceedings, which is beneficial to protect the legitimate rights and interests of the victims.