The Research Of Treatment Of Mental Disorder That Have Dangerous Acts In Our Country

Under the influence of mental pathology, the mental disorder’s ability to identifyand control sharply decreased, and they shouldn’t suffer penalty. The mental disordersshall not be put in the society alone after their dangerous acts, isolation and treatmentshould be taken usually. Our criminal law adopts compulsory medical treatment andfamily guardianship to the mental disorders that have dangerous acts, in order toeliminating their dangerousness and ensuring their treatment. However, these twotreatments have lots of controversies, instead of social defense and protecting ofhuman rights, the mental disorders suffer more discrimination and social exclusion bythe society. They are vulnerable groups who need more support and help from thesociety than normal. In this paper, the subject of research is mental disorder.Combining with the theory and practice in other countries of the world, the authorresearch the criminal treatment of mental disorder, and hope the mental disorder thathave dangerous acts can get humane and fair treatment in procedural and substantivelaw. Therefore, the mental disorder can successfully return to the society, and then thevaluable pursuit of social security can be achieved.This paper mainly research on the issue of the treatment of mental disorders thathave dangerous acts. First of all, the author introduces the definition and limits ofmental disorder in criminal law. Since the criminal law of our country uses the term“insanity” instead of “mental disorder”, controversies about the definition of“insanity” arise in practices. The author investigate the term “insanity” in criminallaw and combine the controversies in practices and definition of “mental disorder “inpsychiatry, then put forward that the text of criminal law should use the term “mentaldisorder” instead of “insanity”. Therefore, the boundary of mental disorder can becorrectly defined, at the same time; the criminal treatment of mental disorderbecomes more scientific. Then, the author briefly introduces the origin of “criminaltreatment” and its definition. The author considers that compulsory medical treatmentand family guardianship are the mainly treatment of the mental disorders that have dangerous acts in our country. On the basis of the problems in judicial practices of theabove two kind of treatments, the author gives further details for each. Firstly, thesubstantial element of compulsory medical treatment should be improved in criminallaw and criminal procedure law. Secondly, the procedure of applying compulsorymedical treatment is still insufficient; the contexts of different laws are inconsistent.Thirdly, legislative defects exist in family guardianship; it can’t achieve the missionof isolation treatment separately. Since western countries pay attention to the issue ofguardianship and medical treatment of mental disorder prior to our country, so theremust be some experiences of the system designed for the criminal treatment of mentaldisorder that our country could absorb and learn. The paper emphasize on theinvoluntary regulatory system in American criminal law and psychiatric asylumsystem in German criminal law, and summarize the content which our country shouldlearn by the way of comparison and analysis. Finally, combining the research above,the paper put forward several suggestions for the treatment of mental disorder thathave dangerous acts in our country. The author suggests that our country shouldimprove the following four aspects: the position of the system of compulsory medicaltreatment, the improvement of the substantive law of the treatment of mental disorderthat have dangerous acts, refining the criterion of the procedural law andstrengthening social relief. Therefore, on the basis of protecting the human rights ofthe mental disorders, the society can be finally stable and secure.