性犯罪案件中被害人的精神损害赔偿研究

强奸妇女、奸淫幼女、猥亵儿童等性犯罪是严重侵害公民人身权利的犯罪,被害人多为妇女、儿童。这类犯罪的一个共同特征是精神损害巨大,而没有或者只有少量物质损失。根据现行刑法和刑事诉讼法的规定,被害人在刑事诉讼中只能就物质损失要求赔偿,法院对精神损害赔偿请求不予受理。本文围绕性犯罪案件中被害人的精神损害及其赔偿问题展开论述,对目前刑事诉讼立法限制被害人提起精神损害赔偿的做法表示了不同意见,目的在于引起立法机关、审判机关对这类案件被害人权益的重视,进而完善立法,将被害人的精神损害尽早纳入赔偿范围。

Study on Compensation for the Spiritual Harm Sustained by the Victims in Sex-related Crimes

Sex-related crimes such as raping women, having sexual relations with little girls and taking liberties with children are crimes of serious infringement on a citizen's right of the person. Crimes of this kind are characterized by the fact that the victims sustain tremendous spiritual harm but little or no material loss. According to the current Criminal Law and the Criminal Procudure Law of China, the victims can only request compensation for the material loss in the criminal procedures, but the court will not accept their request for compensation for the spiritual harm done to them. This essay discusses the question concerning the spiritual harm sustained by the victims and the compensation involved and expresses its disagreement with the restriction on the victims from raising demands for compensation for their spiritual harm, as placed by the current criminal procedures law. hi doing so, the author of the essay aims to call the attention of legislative and judicial organs to the rights and interests of the victims of such cases, and prompt them to improve legislation and draw such spiritual harm into the orbit of compensation as soon as possible.