2012年5月28日星期一

National first case is got by the mental illness to compensate 5000 dollars presiding judge to know well a solution

The presiding judge knows well to solve the first case to take effect "drive mental illness" to judge to compensate how the case weigh public benefits and citizen's right to become judicatory judgment focus today, after the car distance in more than a hour, the reporter arrives at to be located in Shandong province help south city the area in city of the southwest seven wise"drive mental illness" sending a law court, seeing national first case judge the presiding judge Cao of compensating the case strong."Accurately say, this case should be report through the medium of the first"have already taken effect" verdict.I once checked, the another province also had two similar cases currently, but because various reason haven't formed the verdict for taking effect up to now."The Cao is strong to say."Drive mental illness" gets to compensate 5000 dollars March 9, Li Mei(use alias) arrives at to help south one mental hospital to call that husband, Zhang Hua,(use alias) has mental illness, and paid 3000 dollars hospitalized security deposit,Women Carrera SunGlasses carried out a hospitalized procedure for him.At 9:00 A.M. March 10, mental hospital 4 staff members embark to rent a car to arrive at Zhang Hua's in home.Because the situation resists, the staff member then takes to bind Zhang Hua strong line of to take out with the stipulation, but in the middle of stuffing it into the process of renting the car, Zhang Hua again makes every effort to resist, and lead to parts of crowds to round a view, the driver sees this situation, drive leave.Li Mei's telephone reports to the police, after public security official's people Jing arrives upon the scene, the mental hospital staff member untied to control to take.Henceforth, the local television station receives the news clues that Zhang Hua provides and carries on to publicly report to this matter.In May, Zhang Hua with the mental hospital and the wife infringed upon his/her own personal rights and free power for from bring up civil case in court, and on these grounds ask the former to compensate 50,000 dollars, the latter compensates 3000 dollars.Court through take up, only supported Zhang Hua's litigation claim to the mental illness hospital, judged to compensate its 5000 dollars the hospital.Can be strong line of the presiding judge Cao accepting to cure "patient" Be strong to say to the reporters, while hasing no premise that law endows with power, any unit and individuals all have no business the Human body freedom of depriving the citizen, this, be equally applicable to mental hospital to the mentally ill or like the mentally ill of strong line of accept to cure up.Pass to take up this case, the judge accepts mental hospital to compulsorily cure situation to is divided into 2 kinds:A kind of is the mental hospital accepts to cure by oneself;Another is the mental hospital should apply for to accept to cure."But at current, our country law didn't stipulate to this, so two kinds of situations all belong to break the law.In"the Cao strong analysis says that" this case, don't confirm Zhang Hua as the mentally ill, its wife isn't the husband's guardian of a minor either, mental hospital only with it cuckoldry application, adopt violence to accept to cure "patient", obviously infringed upon Zhang Hua's Human body free power."However, court while sentencing mental hospital to undertake a responsibility, also rejected Zhang Hua as to it's wife, Li Mei,'s indemnification litigation claim.To this, the judge gives the reason of BE, Li Mei is a general natural person, in the absence of the professional knowledge of the medical science delivers to an application to the mental hospital according to own subjective understanding and without the fault, have never needed to undertake a responsibility.How look for accommodation to correspond point according to understand, review a period in the court, the mental hospital square once put forward such a standpoint to law court:If Zhang Hua indeed belongs to the mentally ill, hospital after accepting application, have never adopted to correspond measure, Zhang Hua Hou again the attack harm a person, doesn't that mental illness hospital have the suspicion of ditch job?"Before being confirmed for mental illness', anyone is all normal person on the law meaning."The Cao strong analysis says that in the absence of law stipulates, mental illness hospital to outbreak sufferer of strong line of accept to cure, when the apprehensibility suffers to violate for the public and safe benefits the authority adopts of 1 kind urgently avoid insurance behavior, and its legitimacy,mens sunglasses also a kind of after the event after confirming the mentally ill predicts outcome.But urgently avoid insurance to the mental illness hospital, the Cao is strong don't don't worry, "if the mental hospital can be at will strong line of to accept to cure illness a person, so our everybody probably faces the danger of "drive mental illness"."He thinks that the controversy focus of this case lies in and be free power of social public benefits and citizen's Human body mutually conflict, how look for accommodation of correspond a point, balanced relation between both, and this problem is to result in spirit health method slowly can not one of the main reasons of set.


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