On The Mental Disorders’ Criminal Responsibility And Treatment

How to deal with mental disorders who were judged to be no criminal responsibility or limited criminal responsibility is a trouble for theorists and practitioners.Combined with Chinese and foreign criminal law theory, the paper discourses the basic theory of the mental disorders’ criminal responsibility,concluding concept, nature and position.Then the paper also discourses the judgment standard and the classification of the mental disorders’ criminal responsibility.Then making comparative analysis on the problem of compulsory medical system.The conclusion is that criminal responsibility is the unity of criminal capacity and responsibility to the affordability,the unity of element of criminal subject and factor of criminal responsibility.Proposing modifying the term of "mental patient" into "mental disorders".There is no need to provide intermittent mental patient in the second paragraph of eighteenth article of criminal code.The compulsory medical system of criminal code should be improved.