| Many countries in the world have made special provisions on leniency or exemption from punishments. In China, since ancient times, there has been a tradition of lenient punishment of mental patients and minors for mental patients. Relevant data show that people suffering mental illness has reached 100 million in China, of which at least 16 million are grave mental patients. Severally dangerous act by mental patients has occurred occasionally. Especially in recent years, the serious crash caused by an BMW owner in Nanjing, the murder committed by a freshman from Sichuan Normal University, and other major cases, are related to the judicial psychiatric identification, and the cases have caused great attention among the legal society, the medical society and the public. According to the theory of modern criminal jurisprudence-relative free will theory, the mental patient as a special subject in the criminal law may be weakened or even lost due to the impairment of the recognition ability or the control ability. At present, the legal research in this area is not deep enough, the legal theory and practice of the criminal responsibility of mental patients lack sufficient attention, judicial practice because of the lack of clear uniform standards and more chaotic, and abroad in this Germany, Japan, the United States and other countries, the legislation has been relatively perfect, it is worth our reference and learn from. In this paper, the theoretical basis of criminal responsibility, criminal law on the definition of mental patients, the ability to judge the standard of criminal responsibility judicial psychiatric identification start conditions, the impact of judicial expertise on the trial, the rights of mental patients special protection and special criminals for mental patients Treatment and other aspects of the problem to explore. In the author’s opinion, we should first determine the criminal responsibility according to scientific standards and reasonable rules, and give special protection to the mental patients in the criminal justice process to protect their basic human rights. Be violated. We should stand on the height of humanitarian care, according to their mental status and the needs of individual prevention, to give special treatment of mental patients, criminal responsibility, mental illness, and even the full capacity of criminal responsibility of mental patients, Criminal cases. But at the same time, we should strive to be objective, fair and scientific in the process of identification of criminal responsibility and forensic ability to serve the sentence, so as to ensure that the mentally ill patients who really need caring are cared for. At the same time, The spread of care and the use of being led to normal people through the disease and escape due to criminal penalties. |
