Research On The Mental Patient Crime

China has become a country with high morbidity of mental disease. The statistics publicized by the Mental Health Center of Chinese Centers for Disease Control in2009show that there are over100million patients with all kinds of mental diseases, among whom holergasia patients are over16million and70%of them can not get medical treatment. In recent years, it becomes the fact that soaringly percent of crimes are committed by mental patients with worse and worse nature, which heavily endangers the society and threatens people’s life and property. Article18of Criminal Law provides:the criminal who is unable to recognize or control his own conduct is confirmed through legal procedure, he shall not bear criminal responsibility, which displays the protection of the lawful rights of mental patients. However, the provision of this article is unable to satisfy the suspected mental patient cases handling in practice. According to article18of Criminal Law, when necessary, the government may compel mental patients to receive medical treatment. However, the interpretation of "when necessary" is too vague. In the real situation, after the mental patient trial, they is unable to get proper management and disposal. which is easy to appear the phenomenon of repeated crimes and causes great negative influence to the society. Mainly based on article18of Criminal Law and mental health law of the People’s Republic of China, this thesis analyses the problems in judicial practice of the crimes by mental patients in order to seek a way to improve and perfect the mental patients’criminal liability judgment system.In chapter1, the author interprets the concept of mental disease from the perspective of medical and legal respectively, and then describes the present situation and features of the mental patients’crimes in our country. In chapter2, the author discusses the punishment principle of the mental patients’crimes based on Criminal Law. In Chapter3, firstly, the author interprets the concept of forensic psychiatry, and describes the current situation of forensic psychiatry at home and abroad, and then analyses the defects of domestic forensic psychiatry. In chapter4, the author analyses the current situation of mental patients who commit crime, and points out the defects of management and disposal of them. In chapter5, the author puts forward to legislative suggestions from the mechanism of current forensic psychiatry and the institution of management of illegal mental patients. The author thinks we should improve and perfect the mechanism of current forensic psychiatry, mainly including three aspects of perfecting the institution of forensic psychiatry, mental patients’ capacity of criminal liability judgment, the examination of the conclusion and admissible program. Secondly, the management institution of illegal patient should be erected, including establishment and perfection of supervision and assistance institution of illegal mental patients.