| In China,infringings act of mentally disordered people often happen to others.How to adequately remedy the rights and interests of the victims of such cases has always been a difficult problem in our judicial practice.Victims in our country remedy their own rights and interests mainly through the judicial ways such as general civil litigation,criminal incidental civil litigation,and national judicial assistance.However,for victims of infringement cases by mentally disabled persons,the economic compensation or state assistance obtained through the above-mentioned means is often insufficient To make up for the actual loss of the victim.For this reason,it is necessary to construct a national compensation liability system for the harm caused by patients with mental disorders to make up for the shortcomings of the current relief system.The national compensation liability system for the damage caused by the mentally disordered people is to relieve the embarrassment of life by giving the victims a certain degree of relief.Considering the theory of state responsibility,the theory of fairness and justice,and the theory of welfare society,all of them provide a theoretical basis for the construction of the system.At present,China’s victim assistance policies and regulations are quite large in amount,at the same time,it is also providing normative experience for system construction.During practical experiences,the national judicial assistance system has been basically established within the whole country,providing practical experience for the construction of the system.The national compensation system for victims in foreign countries was established earlier,and the system design is relatively mature,providing system experience for system construction.China has a certain economic strength to give material guarantee to the construction of the system.In the area of the constructing the national compensation liability system for the damages caused by the mentally disabled,the following suggestions are put forward: First,the standardized path for the establishment of the system should be determined.The construction of the system should be carried out as well.Second,determine the basic principles that are needed to be followed in the construction of the system,and the guide of the state’s compensation work to be carried out smoothly and orderly.Third,determine the basic content of the compensation system,mainly including compensation objects,constituent elements,compensation institutions,compensation procedures,compensation standards,and so on.Fourth,improve related supporting systems,standardize the collection and supervision of compensation funds,strengthen the supervision of compensation work,and ensure the efficient operation of the compensation system. |
