Article 133 of the General Principles of the Civil Law stipulates: "If a person without or with limited capacity for civil conduct causes damage to others, the guardian shall bear civil liability. If a guardian fulfills his guardianship responsibility, his civil liability may be appropriately reduced. If a person without capacity for civil conduct or a person with limited capacity for civil conduct owns property and causes damage to others, he shall make compensation with his own property. The insufficient part shall be properly compensated by the guardian, except that the unit acts as the guardian. " If a mental patient identified by the court as a person with no capacity for civil conduct or a person with limited capacity for civil conduct commits a civil tort and has his own property, the compensation fee shall be paid in advance from his property, and the insufficient part shall be properly compensated by the guardian, except that the unit acts as the guardian. If the guardian fulfills his guardianship responsibility, he may appropriately reduce his civil liability.
In addition, according to the provisions of China's criminal law, the crime of mental patients is treated differently:
1. Intermittent mental patients commit crimes under normal mental conditions and bear the same criminal responsibility as ordinary people.
2. A mental patient who has not completely lost the ability to identify or control his own behavior commits a crime, but he still needs to bear criminal responsibility, but he can be given a lighter or mitigated punishment.
3. After legal procedures, it is determined that the mental patient can't identify or control his own behavior when committing a crime, and he will not bear criminal responsibility, and his family members or guardians will be ordered to take strict care and medical treatment. However, if he commits violent acts, endangering public safety or seriously endangering the personal safety of citizens, and there is a possibility of continuing to endanger society, the court will make a decision on whether to impose compulsory medical treatment on him, and the public security organ will send him compulsory medical treatment until he is no longer in personal danger.
Quoted from Guiyang lawyer www.lawtime.cn/guiyang..