Right, but does cmd.exe have a well-defined location in Windows? I don't think we can know which drive it's on, for starters.
The environment variable COMSPEC [1] should point to the right location.
Ultimately this seems like a problem of insecure search path, which is not our responsibility to fix (and people would not appreciate us trying, in many cases).
Totally agree, if this not is an improvement there is nothing to fix.