论刑事被害人精神损害赔偿制度之构建

我国民事法律规范赋予被害人精神损害赔偿权，刑事法律规范否定了被害人精神损害赔偿权，立法缺乏统一性。构建有中国特色的刑事被害人精神损害赔偿制度，有利于被害人的心理恢复，培养被告人的责任感；有利于解决刑事责任和民事责任的竞合与冲突。立法中应明确规定精神损害赔偿的适用范围、权利主体、赔偿标准和诉讼模式。

Study on Establishment of System of Mental Compensation for Criminal Victims

While infringed victims are authorized the right to claim for mental compensation by Chinese Civil Law, they are prevented from claiming for mental compensation by Chinese Criminal Law. Legislation on mental compensation in China is lack of unification. Establishment of the system of mental compensation for criminal victims with Chinese characteristics does help to make criminal victims recover from mental injury and foster defendants＇ sense of responsibility. It also contributes to the settlement of coincidence and conflicts between criminal responsibility and civil responsibility. In legislation, scope of application, subject of right, standard of compensation and procedure model of mental compensation should be clearly stipulated.