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Study On The Criminal Liability Of The Mental Disorder Caused By Alcohol

Posted on:2016-03-10Degree:MasterType:Thesis
Country:ChinaCandidate:L TangFull Text:PDF
GTID:2336330488975490Subject:Law in Practice
Abstract/Summary:PDF Full Text Request
Abstract:Mental illness, currently known around the world as a mental disorder, refers to all the abnormal brain dysfunction caused by mental activity. There are many substances that can cause mental disorders, Alcohol ethyl alcohol is a neurotropic substances, one-time drinking lots of human body can be acute psychiatric symptoms, long-term excessive drinking can appear consecutive chronic psychiatric symptoms. According to the provisions of Chinese mental disorders classification and diagnostic criteria (Third Edition) (CCMD-3), China's current mental disorders can be divided into ten categories, including alcohol induced mental disorders are second major categories of mental disorders due to mental disorders. Alcohol induced mental disorder is the general term for a series of mental symptoms caused by alcohol.The criminal responsibility of the mental disorder is a specific aspect, and the criminal responsibility of the mental disorder is a kind of criminal responsibility, so the ability of criminal responsibility in the criminal law theory is basically consistent with the status of the mental disorder. Our country criminal law article fourth eighteenth general provisions of "drunk person crime, should bear criminal responsibility.", in the judicial practice of two kinds of views, the first point of view is that all drunken people should have the same criminal liability. The second point of view is that it is a kind of drunken man who can distinguish it from the type, the ability to identify and control, and then to distinguish the criminal liability of the crime. The article is in favor of the latter opinion.First of all, the article briefly discusses the definition, characteristics and legal nature of the mental disorders due to alcohol induced mental disorder in some aspects, such as the definition, characteristics and legal nature of mental disorders due to alcohol induced mental disorder, criminal responsibility, alcohol induced mental disorders, and criminal responsibility. According to the provisions of the criminal law of our country, the legal system is not unified, and the main body is not unified in the spirit of the initial judicial identification of the spirit.Secondly, this article expounds the classification basis, clinical manifestation and distinguishing standard of alcohol induced mental disorder, and divides it into acute alcoholism and chronic alcoholism mental disorder. The spirit of acute alcohol intoxication is divided into three kinds of ordinary drunk, the complexity of the drunk, the pathological drunk. Chronic alcohol poisoning mental disorders and alcohol poisoning hallucination, delirium tremens, alcohol delusions of toxicity, Co Sa Mike J S (Korsakoff s) syndrome, chronic alcohol poisoning forms of dementia, in fact, the matter is serious mental disorder symptoms. And the diagnostic criteria of the mental disorder of acute and chronic alcoholism and the relative criminal responsibility of the crime in the forensic psychiatric assessment are also explained in detail. According to this, the article thinks that the criminal behavior of different types of drunk should be treated differently in the conviction and sentencing.Finally, according to the present situation of the legal regulations of the criminal responsibility of the mental disorder, the legal system is proposed, which is based on the judicial interpretation to achieve the legal responsibility and the relief rights, and to establish a special judicial identification system, which will be divided into medical appraisal and forensic psychiatric appraisal. The legal system should be certified by the judicial spirit. To promote the judicial organs of the spirit of the mental disorder caused by alcohol and the criminal responsibility of the objective and fair sentencing, so as to promote social harmony and stability.
Keywords/Search Tags:Alcohol, Mental disorder, Capacity of criminal responsibility, Forensic psychiatric expertise, Standard
PDF Full Text Request
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