Study On The Competence Of Mentally Disturbed People To Stand Trial In Criminal Proceedings Within China

China's research status in the field of mental disorders has always focused on the identification of criminal responsibility,but there are few discussions on the assessment of the ability of persons with mental disorders to be tried.Because the determination of the criminal responsibility of mentally disabled persons is related to the issue of conviction and sentencing,the issue of the identification of criminal responsibility is the focus of research in both theoretical and judicial practice.Although there is a certain link between the ability of criminal responsibility and the capacity for trial,there are still differences between the two.China's research on the appraisal of the trial abilities has been still in its infancy.There is no relevant provision on the ability to stand trials in the legislative field.Scholars have relatively little research on this issue.However,in the judicial practice,the defendant's ability to stand trials is related to whether the defendant can actively exercise the litigation rights to fulfill his obligations and is related to procedural justice.Therefore,this is an urgent problem to be solved,and the defendant's legitimate rights and interests need to be protected.Therefore,it is necessary to establish a unified legal rule to constrain it.The ability to stand trial is whether the defendant can understand its position in criminal proceedings and understand the litigation rights and obligations conferred by the law in litigation activities,and actively cooperate with defense lawyers to defend their own abilities.It is in line with the basic requirements of justice to conduct a trial of a defendant with the ability to stand trial and impose a penalty.However,it is inhumane and unjust to perform trials and enforce compulsory reforms for a defendant whose trial ability is defective.In this paper,the concept of "mental disorder" and "ability to stand trial" and other related concepts are defined from the aspects of value,identification,etc.,and the concept and characteristics of judicial psychiatric appraisal as well as the significance of appraising the ability to stand trial are discussed.Then,taking the United States as an example,the process of extraterritorial assessment of the ability to stand trials for mentally disabled people was studied,focusing on the start-up time,the starting subject,the identification rules,and the direction of litigation,etc.,and analyzed the procedures for appraising the mentally disabled people in theUnited States.rationality.It also analyzes the problems existing in the procedure for appraising the mentally disabled people in China.At present,it mainly focuses on difficulties in the initiation of appraisal procedures and the improper positioning of appraisal subjects,the lack of uniform appraisal standards,and the litigation difficulties faced after appraisal of competencies.Finally,some sound suggestions were put forward.In view of the monopoly appraisal initiation rights of the judicial organs,we should give the parties certain remedies,set up a mechanism for no complaints for the first time when the parties are established,and recommend the judicial personnel in the appraisal subject for the trial appraisal.Integrate with the appraisers;suggest that people with mental disorders who are not competent for trial should also be included in the compulsory medical procedures,improve the defendant's mandatory medical system and determine the “reasonable time limit” for treatment;and finally,establish a unified spirit based on the characteristics of criminal proceedings in China.The concept of assessing the ability of the handicapped to stand trial and confirm by legislation.