Analysis On Case Of Qiu Xinghua's Voluntary Manslaughter And Robbery

In this case, it is unbelievable for the motive of committing a crime by Qiu Xinghua, and the cruelty degree is also completely beyond ordinary people's comprehension. Part of psychiatrists according to the information which have been investigated by attorney and the concerned witnesses'testimonies, suspected that the Qiu Xinghua should have been contracted the mental disease. Afterward, many famous jurists and attorneys also publish the open letters or conversation, in which the psychiatric evaluation should be carried on for the Qiu Xinghua. But the second instance court finally rejects the psychiatric evaluation application which is requested by the defender, passes the death penalty to the Qiu Xinghua. Under this circumstance, the attention on the question of dysphrenia criminal capacity from the society reached a peak.The article briefly describes the basic information of this case and controversial points in the first chapter, mainly analyses around these points in the second and three chapters; and expresses the author's reflection on this case in the fourth chapter.The article uses the comprehensive elaboration method with analyzing the case primarily and expounding it auxiliary. From the perspective of legal science and dialectics, the author introduces the background of topic research, elaborates the value of topic research, analyzes the related existing questions, and finds the method and solution of questions. The article is written combining theory and practice.The author centers on the controversial points of the chosen case, i.e. dysphrenia criminal capacity question and the question lied in the judicial evaluation of our country which the case reflected. And finally he sets forth his own opinions on the judicial evaluation system in our country with a view to help the research of capacity of dysphrenia liability and the improvement of forensic psychiatric evaluation.