A Comparative Study On The Legal Responsibility And Ability Of The Mental Disabilities

In modern criminal law, criminal responsibility of mental patient has a combination of socialization, individualization and humanity on itself, which accords with the development trend of punishment and the tide of civilization progress tide. The thesis talks deeply and systematically about provisions of the mental criminal responsibility, referring to the psychiatry, jurisprudence and psychology,from the perspective of criminal integration and by means of comparison study as well as standard analyze.The thesis consists of four parts except preface and conclusion summery.Part one, general introduction of mental criminal responsibility, which introduces the concept along with the scope of mental criminal responsibility firstly, and the symptom, causes and classification of mental criminal are discussed more deeply in the point of iatrology. According to the classification of mental criminal responsibility in the criminal law, the concept of mental responsibility can be made as"a qualification of mental patient fitting with the provisions about legal mental responsibility who should realize the sequence of his or hers, thus committing offence should be responsible for the act."Then overview the history of mental responsibility in China and abroad, some references may be used properly and on which base, the trend of it is analyzed.Part two, about comparison of standard mental responsibility determination. Though common provisions formulated accordingly about mental criminal responsibility exist in any country, the determination standards differ from each other, which generally including three kinds of standards, that is, biologic, psychological and composing criterion.Part three, about the comparison of mental responsibility classification,even though the common provisions formulated definitely about mental criminal responsibility exist in any country, the ranks of classification in every country are different from each other in that the methods of classification are different, which are the binary system and the third system. The countries where the third system is applied have different provisions on the limited mental responsibility that is, whether or not put on them the necessary litigated punishment or lenient punishment, as well as the degree of reducing penalty and lenient punishment being different. Necessary reduce system, may reduce system and special provisions system. Part four, comparison about abstract ways of provisions on the legal statutory standard of mental criminal responsibility. The actual ways of statutory standard provisions on mental responsibility mainly include the relationship between indentify ability and control ability as well as the determination standard of full ability of criminal responsibility and limited criminal responsibility , which are three main aspects in total. They are one of the important contents of studying and analyzing the provisions on mental responsibility in the criminal law of every country, which should not be ignored. The provisions about the mental criminal responsibility in China criminal law go through the change from the binary system of Criminal Law of 1979 to the third system of Criminal Law of 1997.