笔者认为,在刑事诉讼中,被害人提出的精神损害赔偿之请求应予准许,并与刑事案件一并审判。其理由是:一、有法可依。因为被告人实施的侵犯公民人格权利的犯罪,不仅侵害了《刑法》所保护的社会关系,也侵犯了《民法》所保护的社会关系,因此,被告人不但要承担刑事责任,还必须承担民事责任。不仅如此,《民法通则》第110条还明确规定了对承担民事责任的公民需要追究行政责任的,应追究行政 The author believes that in criminal proceedings, the victim's request for compensation for moral damages should be allowed and tried together with criminal cases. The reason is: First, there is law to follow. Because crimes committed by defendants that violate the personality rights of citizens not only violate the social relations protected by the Criminal Law but also violate the social relations protected by the Civil Law, therefore, the defendant not only has to bear the criminal responsibility, but also must bear the civil responsibility. Not only that, Article 110 of the General Principles of Civil Law also clearly stipulates that civil liability of citizens need to be held accountable for administrative responsibility, should be investigated for administrative