进入21世纪以来随着社会文明程度的不断提高,法制观念的不断增强,人们也在不断强化对精神利益的自我保护意识,越来越重视对自身价值、尊严和权利的追求,因此精神损害赔偿已经成为我国理论界、司法界以及广大人民群众普遍关注的热点问题。目前,国际上对刑事被害人的人权保障已大大地加强,各国在被害人权益保护的许多方面都已形成共识,有关被害人人权保障的国际标准也在逐步形成。然而,我国立法及司法解释均排除了在刑事附带民事诉讼中被害人精神损害赔偿请求权的行使,这一规定不仅造成现行法律之间的冲突与矛盾,而且也与世界人权发展的趋势相违背,因此在我国刑事诉讼中确立被害人的精神损害赔偿请求权是历史发展的必然趋势。 Since the 21st century, as the level of social civilization continues to increase and the concept of legal system continues to grow, people are also constantly strengthening their self-protection awareness of spiritual interests and paying more and more attention to the pursuit of their own values, dignity and rights. Therefore, compensation for moral damages Has become a hot issue that has drawn widespread attention in theorists, the judiciary and the general public in our country. At present, the international protection of the human rights of criminal victims has been greatly strengthened. All countries have reached consensus on many aspects of protecting the rights and interests of victims. International standards on the protection of victims’ human rights are also gradually taking shape. However, our country’s legislation and judicial interpretation have ruled out the exercise of the right to claim compensation for moral damages of victims in criminal incidental civil proceedings. This not only creates conflicts and contradictions between existing laws, but also runs counter to the trend of world human rights development. Therefore, it is an inevitable trend of historical development to establish the spiritual damage compensation claim of the victim in the criminal proceedings in our country.