Research On Identification Of Judicial Mental Diseases In Criminal Procedure

From the point of criminal law,criminal capacity is the premise of actors undertaking the criminal responsibility.The size and level of criminal responsibility of mental patients,have impact on the undertaking of criminal responsibility.According to the regulation of criminal law article 18:When mental patients,who are unrecognizable or cannot control themselves,cause some harmful consequences which have been evaluated by judicial procedures,they are free from the criminal law responsibility.However,their relatives should be ordered to keep a wary eye on them and give them more medical treatments.If necessary,the government can adopt compulsive medical treatments.Compulsive medical treatments for mental patients which are the humanistic care for those mental patients who endanger social stability as well as forcible measures without criminal punishment.Those are involved in personal freedom, so they should be dealt with carefully.Judicial mental illness evaluation program, as the primary program for mental patients enforced to get medical treatments, has tight connection with starting procedure of compulsive medical treatments. On the one hand judicial mental illness evaluation program is a initial procedure,which has vital influence on judging whether actors is real mentally handicapped, or has no real criminal law duties. In short, starting mental patients` forcible medical treatments procedure is based on the establishment of judicial mental illness evaluation program.On the other hand,both of two procedures are independent of each other.They have their own operation mechanisms and are not affiliated with other mental illness compulsive medical treatments procedures.In recent years,there were a series of severe cases that damaged to our society,such as the cases of Yao Jiaxin and Qiu Xinghua are involved in criminal issues of suspected mental patients,in which the case of Qiu Xinghua hits a tremendous debate among people.Meanwhile,it is after the Criminal Laws being revised does the mental patients forcible medical treatments come to effect.So,there is not enough judicial practice experience.In particular,mental problems in recent years have been disturbing those so-called officials in practice field,which are worthy of being considered. Therefore,it is necessary to study on the judicial mental illness evaluation program.This thesis discuss on various issues about the mental illness evaluation program,in order to study better on mental patients’ criminal law capacity and their compulsive medical treatments on starting procedure.Besides introduction and conclusion, four chapters are contained in the text. In the first chapter, we discussed the conceptions, characteristics and influence of judicial mental illness evaluation. The theme, meaning and value were presented definitely, lying theoretic basis for the rest of text. In the second chapter, we expressed the starting mechanism of judicial mental illness evaluation and introduced in detail the relevant rules about starting procedure.In-Depth analysis some shortages of our nation’s judicial mental illness evaluation program, we put up with some suggestions to perfect it. In the third chapter, judicial mental illness evaluation constructions and evaluation subjective were discussed. In the fourth chapter, we described the formation and powerful effects of judicial mental illness evaluation opinions.