未成年接受害儿的教育费应纳入赔偿范围

间接受害人是侵害生命权、健康权的直接受害人的对称,指的是侵权行为致直接受害人死亡或残废,因而导致扶养请求被间接侵害并丧失的受害人。直接受害人死亡或伤残的,如果间接受害人中有来成年人,那么在目前司法实践中,该未成年人往往只能得到所必需的生活费的赔偿,而未成年人在今后受教育过程中必需支出的教育费则得不到赔偿。笔者认为,未成年间接受害人的教育费应当纳入赔偿范围,由侵权方承担。     

不动产登记错误行政赔偿中的损害事实及认定

实践中因登记申请人提供虚假材料。登记机关未尽到谨慎的审查义务导致登记错误的情形较为常见。由于存在民事赔偿与行政赔偿两种不同性质的赔偿责任，法院认为只有在受害人的损失无法通过民事途径获得赔偿的范围内，才属于受害人在行政赔偿中的实际损失。这种观点和司法实践不利于受害人的权利救济。正确的做法应当是按照登记机关在损害中的过错程度及其在损害发生中所起作用确定赔偿责任，对受害人的直接财产损失予以赔偿。     

浅析多等级伤残赔偿金的适用与完善

多等级伤残赔偿金是人身损害造成受害人多处伤残时的损害赔偿金.本文从探寻多处伤残赔偿金计算方法的立法现状与立法原则入手,分析现行我国伤残赔偿指数规定存在不足,进而提出应当统一多等级伤残赔偿指数标准、提高多等级伤残赔偿附加指数,以保护受害人权益,维护社会公平,促进社会和谐.     

法律信箱

法医鉴定在司法实践中占有重要地位。那么,应该如何正确地申请进行法医鉴定呢? 一、申请法医鉴定的条件在工作、生活中,当公民因意外事故、医疗差错等原因造成损伤或死亡的,经必要的临床治疗或处理后,可以由受害人或其亲属申请进行法医鉴定,以明确损伤程度、伤残等级、劳动能力等。     

颅脑损伤后精神障碍伤残程度评定中的若干问题

颅脑损伤后遗留的躯体伤残及精神障碍使受害人生活质量及家庭关系往往受到不同程度损害．根据我国法律规定，受害人可得到相应的经济赔偿，即伤残赔偿．颅脑损伤后遗的躯体伤残比较客观，只要进行相应检查即可得出结论；而精神障碍则无客观的检测方法，对颅脑损伤后精神障碍伤残程度如何进行评定，使评定结论更切合实际，以充分保护双方当事人的合法权益，这是法医临床鉴定中值得探讨的课题．笔者根据多年临床鉴定体会，作如下粗浅探讨，供同仁参考．1把握评定时机颅脑损伤后精神障碍同其它损伤后躯体残废或功能障碍一样，一般有一个康复期…     

有关机动车交通事故责任强制保险的问题解答

1.为什么要实行机动车交通事故责任强制保险(以下简称“交强险”)制度?答:现行的商业机动车第三者责任保险投保比率比较低,致使发生道路交通事故后,受害人往往得不到及时地赔偿,造成大量经济赔偿纠纷。实行交强险制度能在最大程度上为交通事故受害人提供及时和基本的保障。2.什么是交强险责任限额?交强险责任限额是指被保险机动车发生道路交通事故,保险公司对每次保险事故所有受害人的人身伤亡和财产损失所承担的最高赔偿金额。交强险责任限额分为死亡伤残赔偿限额50000元、医疗费用赔偿限额8000元、财产损失赔偿限额2000元以及被保险人在道…     

谈谈产生非刑事司法赔偿的原因及对策

非刑事司法赔偿是指人民法院在民事诉讼、行政诉讼过程中,违法采取强制措施、保全措施或者对判决、裁定及其他生效法律文书执行错误,侵犯自然人、法人和其他组织的合法权益并造成损害,赔偿请求人依照《国家赔偿法》的有关规定,申请人民法院作出赔偿决定的一种赔偿方式。非刑事司法赔偿是人民法院对自己非刑事行为造成的损害作出自己赔与不赔的决定而产生的。随着社会主义市场经济的不断深入发展,社会主义民主和法制的不断完善和健全,依法治国方略的不断深入人心,非刑事司法赔偿的受害人愈来     

论法医学鉴定“一鉴多果”的原因与对策

由于各种生物性、化学性、机械性因素作用,可导致人体精神的、生理功能的和解剖结构的异常,以及生活、工作和社会活动能力的不同程度的丧失,因此,人体损伤的法医学鉴定就成了涉及审理刑事、民事案件中人体损伤与残疾程度的评定,公正确定侵权行为人所应承担合理赔偿的法律责任的重要依据。研究人体损伤与残疾程度的评定是法医学、伤残赔偿学的迫切需要,并且对人身损伤与伤残赔偿立法和司法实践具有重要意义。刑事技术2003年第1我国人体损伤与伤残程度鉴定的现状当前,人体损伤与伤残评级鉴定人员分专业司法鉴定人员和未实行司法鉴定人资格制度…     

浅谈伤害案件伤残等级评定标准的选择

伤害案件中损伤所致残疾程度的评定,在我国的司法实践中具有重要意义.一方面,它是案件审理当中当事人获得民事赔偿金数额大小的重要依据,最高人民法院《关于审理人身损害赔偿案件适用法律若干问题的解释》第三十五条规定:残疾赔偿金根据受害人丧失劳动能力程度或者伤残等级,按照受诉法院所在地上一年度城镇居民人均可支配收入或者农村居民人均纯收入标准,自定残之日起按二十年计算;另一方面,它又是刑事案件审理中量刑的重要依据,例如1999年发布的《全国法院维护农村稳定刑事审判工作座谈会纪要》中规定:故意伤害致人重伤案件中,六级以上的伤残等级视为"严重残疾".目前对伤害案件伤残等级的评定,全国还没有统一的强制性国家标准.     

关于完善我国民事司法赔偿制度的思考

人民法院及其法官在审理民事案件的过程中 ,如果违法行使职权侵犯了公民、法人和其他组织的合法权益并造成损害的 ,受害人有权依法取得民事司法赔偿。但是 ,由于现行的国家赔偿制度主要限定于行政赔偿和刑事赔偿 ,民事司法赔偿没有引起足够的重视 ,致使受害人获得国家赔偿的机会和获得赔偿的范围十分有限。建立和完善我国民事司法赔偿制度 ,不仅有助于保护公民的合法权益 ,而且有助于提高民事案件的审判质量。     

Sexual Harassment and Posttraumatic Stress Disorder: Damages Beyond Prior Abuse

This study examined the extent to which harassment experiences correlate with posttraumatic stress disorder (PTSD) symptoms, and whether diagnosable PTSD on the basis of sexual harassment occurs after accounting for prior PTSD, prior sexual abuse, and prior psychological dysfunction. The sample consisted of a two-wave panel of 445 women who had received a domestic violence protective order from a Kentucky court. Hierarchical linear and logistic analyses confirmed that sexual harassment experiences were significantly correlated with PTSD symptoms after controlling for an extensive set of trauma variables measured in both the baseline and follow up interviews. Our findings lend further evidence that claims of PTSD from sexual harassment may be credible even if claimants have been victims of other forms of trauma.     

Judicial responses to the protected confidential communications legislation in Australia

The article examines the background, aims and scope of recent legislation enacted in New South Wales, Victoria and South Australia to protect from disclosure in court of "confidential communications" generated in the context of counselling persons who allege that they were victims of sexual offenses. In drafting the "confidential communications" legislation, the legislators undertook a difficult task of balancing the public interest in therapeutic confidentiality that would encourage victims of sexual assaults to report these offenses and seek psychological and psychiatric care on the one hand, and the public interest in fairness of the trial, which may be prejudiced by exclusion of evidence pertinent to the forensic process on the other. In South Australia this task was fulfilled with greater success than in New South Wales and Victoria.     

PTSD symptom reporting and persistent malingering in recipients of state compensation for violent crime victimization: an exploratory study

Previous research suggests that victims of violent crime who have applied for state compensation may persist in malingering after conclusion of the application process. To further explore this topic, the current study investigated differences in PTSD symptomatology between violent crime victims who had received compensation from the Dutch state and those who had been denied such compensation. Potential participants were approached through the Dutch Violent Offences Compensation Fund. Eventually, 125 victims agreed to participate and filled out a set of paper-and-pencil questionnaires. Both univariate and multivariate analyses revealed that recipients of compensation had reported higher symptom levels, than non-recipients but only when they could be qualified as probable malingerers. If compensation recipients could not be qualified as probable malingerers, they had reported lower symptom levels than non-recipients. This suggests that some victims will emotionally benefit from compensation, while others will unconsciously accept it as a validation of initially malingered symptoms. Results were discussed in terms of directions for future research and study limitations.     

The role of cognitive coping in female victims of stalking

The aim of the study is to examine the role of cognitive coping in a sample of 47 female victims of stalking. Stalking victims who blamed themselves more for the stalking report significantly higher symptoms of depression, anxiety, and posttraumatic stress disorder (PTSD). Respondents who ruminated more about the stalking experience, or respondents who explicitly emphasized the terror of the stalking to a higher extent, also report significantly higher symptom levels. Finally, respondents who thought more about what steps to take and how to handle the stalking report significantly higher symptom levels of depression, anxiety, and PTSD. This conclusion holds also after controlling for the severity of stalking. If the findings of the present study can be confirmed, this could possibly contribute to the help provided to victims of stalking.     

A study of amnesia in homicide cases and forensic psychiatric experts' examination of such claims

About one third of defendants in homicide cases claim amnesia during the time of their alleged act. Examining the authenticity of claimed amnesia is a special challenge for forensic experts. Because the experts' conclusions have legal implications, it is useful to study the characteristics of defendants who claim amnesia regarding a homicidal act and how forensic experts assess these defendants' claims. The forensic psychiatric reports from 2001 to 2007 on 102 Norwegian defendants charged with homicide were assessed quantitatively with a structured rating form. Due to multiple comparisons p of .003 was chosen. Twenty-six defendants claimed partial and 17 claimed total amnesia. No significant differences in the characteristics of the defendants were found between the partial, total, and no amnesia claiming groups. Claims of partial or total amnesia did not change the procedures and content of the forensic experts' examination. A memory test was applied in only one case. Despite the seriousness of the crime and the difficulty of assessing amnesia, the experts did not apply psychological testing of memory function or appropriate tests of possible malingering. Guidelines or standardized procedures for evaluation of defendants who claim amnesia should be developed. This could eventually contribute to more reliable and valid evaluations by forensic experts and increase the probability of just court outcomes.     

Acute stress disorder as a predictor of post-traumatic stress disorder in physical assault victims

The authors' objective was to examine the ability of acute stress disorder (ASD) and other trauma-related factors in a group of physical assault victims in predicting post-traumatic stress disorder (PTSD) 6 months later. Subjects included 214 victims of violence who completed a questionnaire 1 to 2 weeks after the assault, with 128 participating in the follow-up. Measures included the Harvard Trauma Questionnaire, the Trauma Symptom Checklist, and the Crisis Support Scale. Twenty-two percent met the full PTSD diagnosis and 22% a subclinical PTSD diagnosis. Previous lifetime shock due to a traumatic event happening to someone close, threats during the assault, and dissociation explained 56% of PTSD variance. Inability to express feelings, hypervigilance, impairment, and hopelessness explained another 15% of PTSD variance. The dissociative, the reexperiencing, the avoidant, and the arousal criteria of the ASD diagnosis correctly classified 79% of the subsequent PTSD cases.     

Explanations for violent behaviour—An interview study among forensic in-patients

The alleged relation between mental disorder and violent criminal behaviour has been investigated mainly from an epidemiological perspective. Population-based registry studies have shown that violence occurs more frequently among people with mental disorders, like schizophrenia and bipolar disorder, compared with control subjects, but that the increased risk is largely mediated by drug abuse and socio-economic deprivation. The aim of this study was to explore how patients who have committed violent or sexual crimes and have been sentenced to forensic psychiatric care by a Swedish court of law construed their criminal actions in terms of causes. Forty-six participants from six different Swedish forensic psychiatric clinics were included in the study. A semi-structured interview study was conducted and the data was analysed using a thematic analysis. A large group of the participants did not believe that the mental disorder played any role in the criminal events. Contributing causes that were mentioned were drug abuse and social factors.     

Incidence and Correlates of Posttraumatic Stress Disorder in Australian Victims of Domestic Violence

In recent years, evidence has emerged of the significant incidence of posttraumatic stress disorder (PTSD) among victims of domestic violence. The present study examined incidence and correlates of PTSD in 100 female victims of domestic violence resident in women's shelters in Adelaide, South Australia. Forty-five women were found to meet all diagnostic criteria for PTSD. Women meeting PTSD diagnostic criteria reported having experienced higher levels of violence and were more likely to report having a spouse with an alcohol problem and having believed they would be killed by their spouse than women who did not meet criteria. Diagnosis of PTSD was also associated with higher levels of anxiety and depression.     

Is money a cure? Follow-up of litigants in England

American and British authors collaborated on a follow-up study in England of accident victims who brought litigation which had been resolved. Eighteen subjects who had complained of psychiatric symptoms during the course of the litigation were recruited from the British psychiatrist's files. Based on review of court documents and extensive interviews of the subjects, the authors describe case examples that demonstrate a complicated relationship between monetary compensation and outcome. Some of the litigants improved after they received compensation, but this seemed to be related to issues besides the money, e.g., feelings about their impairment, family support, the loss or gain of a relationship, personality characteristics, and ability to return to work. The authors discuss the results of this study in light of differences between the British and American legal systems.