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此问题已经是一个争论已久的话题,将其重新提出本已无多大意义。但是在2012年的《刑事诉讼法》修改中仍未对此问题提及只言片语,它的重新研究又显得尤为重要。毫无疑问,刑事诉讼的精神损害赔偿有其哲学和法理基础,在此仅在理论上对该制度的构建进行讨论,首先,确定刑事诉讼精神损害赔偿的请求权基础;其次,解决请求主体问题;最后,构建国家补偿机制。由此,为该制度从理论到现实提供基础。
This issue is already a topic that has been debated for a long time. It is not much significance to reintroduce it. However, in the 2012 revision of the Code of Criminal Procedure, no mention was made on this issue, and its researches are particularly important. There is no doubt that there is a philosophical and legal basis for the compensation for moral damage in criminal proceedings. Only the theoretical construction of the system is discussed here. First, the basis of the right of compensation for the mental damage in criminal proceedings is determined. Secondly, Finally, build a national compensation mechanism. As a result, this system provides the foundation from theory to reality.