| Disability is part of the human condition and almost everyone is at risk of temporary or permanent damage at some point in their lives.It can be said that disabled people are one of the most vulnerable groups in human society.They are not only on the edge of society,but also their rights and interests are often not guaranteed.In recent years,there are few legislative provisions on the criminal litigation rights and interests of disabled persons in China,and theoretical studies have not paid enough attention to them.In this background,in order to better understand the disabled criminal procedural rights and interests safeguard mechanism,based on the 375 criminal judgment about the disabled as the research object,analysis of Chongqing city in recent five years on the disabled rights protection in criminal action,surrounding the disabled rights protection in the criminal procedure of the troubles and problems were discussed,hoping to build a reasonable mechanism of criminal litigation rights and interests safeguard for the disabled.This paper is mainly divided into the following four parts:The first part mainly describes the collection and screening of 375 criminal judgments and makes empirical research on the authenticity and scientificity of these sample documents.The second part mainly analyzes the current situation of the protection of criminal litigation rights and interests of disabled persons in Chongqing in the past five years,the paper mainly from applicable especially disabled criminal compulsory measures be taken to arrest measures,provide reasonable facilities for the disabled criminal judicial organs support mitigation and applicable criminal responsibility,disability criminal legal aid lawyers involved four aspects to discuss the disabled criminal lawsuit condition.The third part mainly discusses the difficulties and problems in the protection of the criminal litigation rights and interests of the disabled.Based on the analysis of the current situation above,we can see many predicaments of criminal procedure protection of disabled offenders,which are as follows: first,the arrest rate of disabled offenders is extremely high.Because the provisions of the criminal procedure law on the conditions of social harm for the application of arrest are too straightforward,the penalty standard is too low,and the disabled offenders are prone to self-abandonment of negative emotions,the disabled offenders arevulnerable to other offenders or even the judicial organs before entering the trial procedure.Secondly,the limited scope of the objects of legal aid can be attributed to the fact that the judicial administrative organs are still limited to the economic examination of the objects of application and lack of corresponding incentive mechanism,which leads to the unsatisfactory quantity and quality of legal aid lawyers participating in the criminal proceedings of disabled persons.Thirdly,the application of the exemption of criminal responsibility for the disabled is chaotic and there is no uniform standard in practice.On the one hand,it is because the current relevant laws or judicial interpretations do not involve the exemption of the criminal responsibility of the intellectual disabled,on the other hand,because of the complexity of psychiatric evaluation,whether mental patients can finally get preferential treatment for criminal punishment is often tested.The fourth part tries to find out the perfect way to guarantee the criminal litigation rights and interests of the disabled.First,the arrest rate of disabled persons should be reduced appropriately.Therefore,at the legislative level,we should narrow the scope of social harmfulness and improve the penalty standard of arrest.At the practical level,judicial organs should consider the application of lenient criminal coercive measures to disabled offenders as far as possible.Secondly,we should pay more attention to the legal aid for the criminal proceedings of disabled persons,instead of restricting it to the examination of economic conditions.At the same time,we should establish and perfect the corresponding incentive mechanism,so as to attract more professionals to participate in this cause.Thirdly,the predictability of the application of the exemption of criminal responsibility for the disabled should be enhanced.The inclusion of the mentally disabled in the legal scope of the exemption of criminal responsibility for the disabled should be considered.Finally,we should consider to provide a variety of reasonable forms of convenience and support. |
