Civil | Rain of Europe in relief morning (scholar)
National compensation created new record again.
Because be maintained to be 1995 the murderer of a homicide case, year only Jin Zhehong of 27 years old is sentenced by the court stay of execution, detain 23 years subsequently. On November 30, 2018, jilin saves tall courtyard to undertake rehear adjudges: Cognizance Jin Zhehong is intended not clear, evidence is not worth bloodguilty fact, decide cancel first trial adjudicates, adjudicate Jin Zhehong is innocent.
This year on September 6 morning, jin Zhehong compensates for what case representative lawyer bends Zhen Gong, Xi Xiangdong to accompany in its country below, head for Jilin to saved senior people court to get a country to compensate for decision book. Jin Zhehong adds up to obtain a country to compensate for 4.68 million yuan, include detain 8452 days among them person freedom compensation 2670324.88 yuan (315.94 yuan / day) , spirit damages solatium 2009675.12 yuan.
To most Everyman, achieve the compensation of 4.68 million yuan of countries of new record, it is a huge sum of money that makes hard all one's life. But, innocent to was detained 23 years, annihilate of will green time is inside high fence electrified wire netting, health of body and mind suffers great harm fall victim citizen, even if is the national compensation that is as high as 4.68 million yuan, also be not the amount that is ideal.
Before, the Jin Zhehong that rehear rehabilitates is accompanied in the lawyer below, xiang Jilin saved tall courtyard to hand over a country to compensate for requisition, raise 21322194.64 yuan country compensation. Encroach person freedom compensation among them 8010974.64 yuan, disability compensation 1649220 yuan, belongings compensation 2000 yuan, spirit damages solatium 9.66 million yuan, later period cure and appeal charge each 1 million yuan.
But, cure of disability compensation, belongings compensation, later period and appeal charge all did not win support, and encroach person freedom compensation, spirit to damage solatium also considerably shrink.
Appear this kind of case that is like person meaning very much, it is to encroach citizen life to health fors the time being and did not get affirming above all. Jin Zhehong should pass 3 years arms, retire from army after return country, system of case hair predecessor is healthy, but experienced this bagnio " marathon " hind, have arteriosclerosis of bronchitic, carotid sclerosis, retinal pathological changes, eye ground, high blood pressure personally 3 class (extremely high dangerous group) , 2 model stalk of diabetic, nephrosis, stomach trouble, head dead, lung is serious calcification, and lumbar, cervical vertebra is in amlposition vertebra to be in charge of stricture more, bone of bridge of the nose is traumatic cave in of be caused by, double leg is caused because of traumatic be caused by close sexual scar cannot walk normally.
If these are disease, traumatic, belong to detain really undeserved cause, so basis " the country compensates for a law " regulation, concerned respect is accountability pay medical treatment fee, nurse the necessary defray that life of cost, deformity assists a cost, rehabilitation to increase because of deformity cost and the charge that continue to treat place to need, and disability compensation. Of course, the amount of this disability compensation, need uses the rate of ability according to losing service, disable according to what the country sets order and degree is certain, highest do not exceed worker of the year on the country year 20 times of average wage.
It is to encroach person freedom compensation next, basically be a fixed number. " the country compensates for a law " specific provision, "Violate citizen person freedom, daily compensation according to day of worker of the year on the country average wage is calculated. " when Jin Zhehong applies for a country to compensate for, on average wage employment already adjusted year day, reason is applicable season of new 315.94/ of day compensation standard. Will calculate according to this standard, amount of person freedom compensation is more than yuan 2.67 million. So, 8010974.64 yuan person freedom compensation does not have legal basis, can take actually should far be less than this amount.
Because belongings compensation is not much, basic negligible not plan, and later period cure and appeal charge each 1 million yuan appeal to beg, also belong to legal basis inadequacy, the limits that does not compensate for in the country. Can have truly " operation space " , it is spirit damages solatium.
2010 " the country compensates for a law " revise, expanded to remove an effect not only, restore the reputation, suitable scope that make an apology, more the provision that increased to damage solatium about spirit, clear " the spirit that send a person damages, inside the range that ought to affect in tort behavior, remove an effect for the victim, restore reputation, make an apology " , "Those who cause serious consequence, ought to pay corresponding spirit to damage solatium " .
By July 2014, top magic art comes on stage " about people court compensatory committee tries a country to compensate for a case applicable spirit damages the opinion of a certain number of problems " , made clear cognizance standard not only, still determined compensatory level. According to this " opinion " , certain spirit damages the specific amount of solatium, "In principle does not exceed 35% of amount of person freedom compensation, life health compensation, lowest not less than 1000 yuan " .
If strict according to this amount scale of 35% , the spirit that is afraid Jin Zhehong can be taken damages solatium, will far under what according to person freedom at present compensation presses 75% computation to give out 200 much. Because,this basically is, " opinion " in an uses language -- " principle " . Alleged principle, be not is absolutely, cannot the regulation of shake, itself with respect to obligate certain " the free space that reduce an amount " . Also borrow just about by this one " reveal all the details " regulation, just had after in recent years massive an unjust charge is rehabilitated, of national compensation amount " when the river rises the boat goes up too " .
Of course, what operate measure actually is measurable relax, also result from understand and hold of contrary way spirit. " the country compensates for a law " edit, enlarge compensatory limits, itself reflected pair of franchise increase take seriously, expressed the determination of national error correction. Be in " opinion " in specific also provision, the decision is used " pay corresponding spirit to damage solatium " of means, ought to consider spirit integratedly to damage fact and serious and sequential particular case; Tort mechanism reachs level of the irregularity of its staff member, fault; The specific clue such as the method of tort, means; Accusation, penal weight; The link of error correction and process.
Specific the circumstance that will see Jin Zhehong, very special really. This case experiences first instance 3 times, 2 hair answer heavy careful. A person is sentenced 4 times stay of execution, every time death sentence, be faced with the fear that pushs danger sopt to suffer. He is detained 8452 days by the mistake, cause breaking up one's family; When be released from prison, from strong boy becomes the disabled that loses labor ability, live even cannot provide for oneself. In this kind special situation falls, break through the limits of the principle appropriately, have certain rationality really.
Actually, more than it is Jin Zhehong, in recent years many unjust verdict, the victim applies for national compensation, also principle of damages of profit from spirit is proportional measurable " breakthrough " . According to the concerned statistic of insurgent news, the country of party of 34 unjust verdict compensates for amount, what the amount that the mind that party wins damages solatium occupies person freedom compensation with its, scale all exceeds the level of 35% . Among them, vocative auspicious straps the of 1 million mind that design wins to damage solatium, achieved the record at that time, subsequently Nie Shubin case is broken through with 1.3 million yuan again.
But, "Principle " break through frequently, "Record " ceaseless refresh, be not long whip. From long-term look, need makes a change from legislation, go up appropriately move system " the ceiling " . On November 13, 2018, compensation of top people court does vice director Zhu Erjun to divulge, top magic art is considering to establish new mental damages standard, do one's best develops a country effectively to compensate for the job to ensure the function of human rights. Hope to be able to be broken through somewhat at an early date. The height of mental damages standard, also be the height of national law civilization.
