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在我国刑事附带民事诉讼中,精神损失未纳入赔偿范围,赔偿原则不一,赔偿数额具有局限性和不一致性。鉴于我国民事法律法规已确定了精神损害赔偿制度,而我国的附带民事诉讼,却仅限于赔偿被害人的物质损失,这导致了刑事法律与民事法律两大部门法之间的矛盾,不利于我国法律体系的有机统一,也导致了司法部门在司法实务中的迷惘、混乱。笔者认为,为了维护我国法律体系的规范统一,为了维护受害人的合法权益,有必要理清精神损失范畴,并可以将精神损失纳入刑事附带民事诉讼范围。
In China’s criminal incidental civil action, the spirit of loss is not included in the scope of compensation, the principle of compensation varies, the amount of compensation has limitations and inconsistencies. In view of the fact that our country’s civil laws and regulations have determined the system of mental damage compensation, the incidental civil lawsuit in our country is only limited to the compensation for the material losses of the victim. This has led to the contradiction between the two major laws of criminal law and civil law, which is detrimental to our law The organic unity of the system has also led to the confusion and chaos in the judiciary of the judiciary. In my opinion, in order to safeguard the standardization and unification of our legal system, in order to safeguard the legitimate rights and interests of victims, it is necessary to sort out the category of mental loss and to include the mental loss in the scope of criminal incidental civil proceedings.