The Criminal Analysis Of Mental Disorders In Danger

Mental disorders are considered to be a special group in our society, also receiving special treatment according to the criminal law, however, only protected by criminal law subsequent to the commission of the offense of mental disorders, and not given special treatment and before their crime. Consequently, from the perspective of criminology exploring mental disorders crime is necessary. Criminology perspective purposes by the phenomenon mental disorders criminal research are to identify the causes of crime, and to study the response to crime and prevention measures. In recent years, with the continuous exposure of the media, mental disorders make crimes more and more increasingly, especially crimes against family members. In practice, there are a lot of mental health problems, mainly in the following four aspects:Firstly, there are lack of laws and regulations, and even if there exist the relevant laws, which are not executed by the official. Secondly, it is the low level of assistance of the treatment of mental disorders, including the low level of medical, hospital level, as well as government funding. Mental disorder prevention, treatment and rehabilitation service system is not enough, the legitimate rights and interests of people with mental disorders are not effectively protected. Thirdly, the management of people with mental disorders are not in place. And the social deficit, absence of Government, and family weakness, lead to mental disorders make crimes. Mental disorders identification procedures are not scientific; many criminals take advantage of this vulnerability to make false mental disorders identification. To address this problem, China has also taken a lot of measures, especially the introduction of the Mental Health Act to fill the legal gaps in mental health. As the Department of Mental Health Law, here are the following aspects: Firstly, this law insists on focusing on prevention, treatment and rehabilitation to reduce crimes. Secondly, the law focuses on the combination of service and management. Patients benefit from the establishment of a series of relief measures, efforts to achieve the protection of individual rights and the maintenance of a balance between the safeties of others. Thirdly, this law pays attention to protect the legitimate rights and interests of people with mental disorders, and forbids any individuals and organizations illegal deprivation of the rights of patients. Fourthly, this law clarifies responsibilities, and implements comprehensive treatments to make family members, government and society as a legal form to supervision of mental disorders in order to reduce the occurrence of acts of violence and harm. Indeed, mental disorders’crime is a social problem, which requires social and family members to participate. In the light of the current situation, just a Mental Health Act enacted, does not change the status rate of crime, especially in the case of the increasingly harsh social pressures caused by increasing the number of mental disorders, how to effectively identify mental disorders crime, and prevention and control of crimes is critical. Criminal Analysis for mental disorders, through empirical research, visits and survey the local psychiatric hospital, public security and judicial organs, understand mental disorders by type of crime, age, performance, pre-crime behavior characteristics analysis of mental disorders characteristics of violent crime, to provide crime prevention responses to the judiciary as well as the medical community. In addition, the analysis of mental disorders crimes performance at the same time, provides a reference to the judiciary to distinguish between non-mental disorder crime, to create"mental disorders" accurately to crack down on the use of false evidence for criminal behavior exculpatory.