对浙江首例"贞操权"案件中的"刑事附带民事诉讼"之我见

浙江省首例“贞操权”案备受法律界的关注,本文从刑事诉讼法的角度,结合本案与我国现行刑事附带民事诉讼法律规定发生的法律冲突进行分析,探讨本案原告是否有权提出精神损害赔偿的请求、人民法院能否受理本案以及是否适用刑事附带民事诉讼法律规定等若干问题,并就这些问题的解决,提出修改和完善我国刑事附带民事诉讼制度的构想。

Opinion about Civil Claim Annexed to A Criminal Case in the First Case of the Right of Virginity in Zhejiang Province

The first case of the right of virginity in Zhejiang province was specially noticed by the legal profession. According to our country's criminal procedure law , this article analyses the law conflict between the case and our country's legal rules about the civil claim annexed to a criminal case, the author tries to study the problems whether the accuser in the case had the right to request the reputation of mental injury, whether the people's court could accept and hear the case, whether the legal rules about the civil claim annexed to a criminal case was applicable for the case. And the author of the article suggests some advices to modify and improve our country's legal system in order to solve these problems.