On The Determination Of The Criminal Responsibility Ability Of People With Mental Disorders In Our Country

The mental patient compulsory medical system is an important legal system involving criminal law and criminal procedure law.However,there are still many controversies in the theory and practice of criminal law regarding the identification of criminal liability and the determination of the subject of compulsory medical treatment.In response to the above issues,the first part of the article first interprets Article 18,paragraph 1,of the current Criminal Law,and uses this as a basis to illustrate the existing loopholes in China's legal provisions concerning the determination of criminal responsibility for persons with mental disorders.The main problems are: the definition of connotation is extensive;the prosecution and the defense do not have the equal right to start;behind these problems,there are omissions for the protection of the human rights of persons with mental disorders.The following are the main reasons for the analysis of these problems: First,there is no unified recognition of the nature of criminal responsibility in the academic community.Second,after the ability of criminal responsibility has been transferred to the mainland from abroad,the study on the theory by the country is not thorough enough,and there is a deficiency in the transformation.Third,criminal cases involving persons with mental disorders are easily manipulated by public opinion once they are pushed to the tip of public opinion.The second half of this paper will explain the problems existing in the evaluation of the criminal liability capability,such as the start-up,operation,and allocation of power,as well as the causes.Finally,corresponding suggestions will be made on the issues.By perfecting Article 18 of the Criminal Law;strengthening the ability of judicial workers in the medical field to identify;allowing expert assistants to participate in appraisal procedures and other methods,which can alleviate the public's doubts about the determination of criminal responsibility in the crime of mental disorders,and also help Judges reduce their reliance on forensic conclusions.