On Trial For Psychiatric Patients

In today's world, for a variety of reasons, more and more people began to suffer from mental disorders. For such a large group, the protection of human rights has become increasingly concerned by more people. Therefore, in view of such a special group, we must give adequate attention in the legislature and judicature. Mental patients not only concerned in the entities of the criminal law, but also the procedures of the law of Criminal Procedure. In the criminal law, relating to mental illness triggered ability to take criminal responsibility and its classification, and in the law of Criminal Procedure, mental illness and together with other relevant trial triggered the issue of competence to stand trial.Competence to stand trial of mentally disordered patients is an important area of research. In Western countries, the defense counsel requests for the evaluation of competence to stand trial of the accused are much more than that of criminal responsibility .But in our country, the study is few. In theory, the domestic study is scattered, fragmented. In legislation, there is almost a blank; we have not clear legal provisions in competence to stand trial. However, the cases that encountered in practice trials involving competence to stand trial of mentally disordered patients are growing. Therefore, through the discussion of competence to stand trial of mentally disordered patients, we should design a system that mentally disordered patients can take part in the proceedings fully and effectively. so that we can rule fairly and handled properly. it is not only a manifestation of respect for human rights, but also to safeguard the social security needs. The author attempts to integrate all aspects of study in competence to stand trial and discuss it in-depth and meticulous, so as to provide reference for building the system of competence to stand trial of mentally disordered patients.This paper is divided into four parts; the full text is about 30,000 words.The first part is the definition of a few basic concepts related to competence to stand trial of mentally disordered patients. Because in judicature and in psychiatry, we have different opinions for a long time about what is mentally disorder, whether there is a consistency of mentally disorder in law and in psychiatry. This situation in some extent effect the administration of the justice, the quality of judicial mental disorder identification and the development of theories related to these aspects. In this part, I analyses some basic concepts related to competence to stand trial of mentally disordered patients, mainly discuss such aspects as: the definition of mentally disorder in medicine, the definition of mentally disorder in law ,the spirit of competence to stand trial ,the difference and connections about competence to stand trial and ability to take criminal responsibility, ability to take criminal responsibility, the mentally disorder's impact to the patients. Therefore, the first part of this article is the foundation and premise for my research below.The second part discussed related basic theories about competence to stand trial of mentally disordered patients. In this section, the author analyses the related basic theories about competence to stand trial, focus on the foundation ,the evaluation criterion ,the division and so on .these issues are the foundation of study in competence to stand trial of metal disordered patients. it is also pave the way for the context below .Therefore, on the basic of the first part ,this part further pave the way for the next part, in order to raise the upsurge of this article .The third part introduces the legal system and the facts of competence to stand trial of mental disordered patients abroad and its evaluation. n this part, according to the process of evaluation of competence to stand trial ,the author focus on introducing the start-up patterns of civil law system and common law system ,then conduct an in-depth comparative study of their respective main advantages and shortcomings. At the same time, the author introduces the legal system of United States and British in competence to stand trial provide reference for the structure of our legal system in competence to stand trial. This part play a role of a connecting link.The fourth part is the structure of legal system of competence to stand trial. Theoretical study is purpose-oriented, need for "targeted". First, I analyse the current legislation of competence to stand trial of mentally disordered patients, then highlight that the current law does not have provisions about it ,let alone the provision for evaluation criterion .the practice of classification of two grades caused adverse impact. China's current identification procedures of mental disorder exists some flaw. The author review the shortcomings and inadequacies of current law , explain the need for study and set a target for next .the purpose of discussing the basic theories and deficiency is to improve the law and practice. Finally, the author put forward the reform ideas and program design of our country. This is the last part; also it is the value of this article. In this section, in view of the deficiency of our legal system ,the basic theories of the first part and second part as the starting point, drawing on advanced foreign experience ,taking full consideration of the national conditions of china , the author put forward a proposal bravely of building the parts of competence to stand trial of mentally disordered patients.At this point the structure of the article is completed. However, the content is far form over. the author feel perplex and uneasy about this . Competence to stand trial of mentally disordered patients should not only be a study of interdisciplinary research areas, but also a research Areas that theory and practice have a close relationship. It needs a solid theoretical foundation and practical operational experience, but this is where I feel uneasy. What's more, this study is far form a master's thesis can be completed. Nevertheless, I believe that there is still some value in this paper. First, scholars who study this issue are little, so that I have a chance to accept challenges .second, although the contents of the article are not enough enriched, but still provide some effective proposals .the most things I want to see is that this piece of brick can attract more jade. I determine to continue to research in this area and improve my study in the future.