美国刑事司法中精神病辩护制度及其借鉴诉讼法学专业毕业论文.docx

1 1 2 2 Abstract Almost all countries take insanity as a legal defense ground, and the American insanity defense system is particularly perfect. Although the principles of identification procedures, mandatory medical procedures also prescribed in the Chinese Criminal Law and the Code of Criminal Procedure, these piecemeal regulations are not able to construct a complete insanity defense system and it is quite urgent to make this system accomplished. Ever since the birth of the American insanity defense system till its development to today, the pace of reform has never stopped. Relevant theoretical research and practical exploration are in a leading position in the world. What are the forces to push this reform? The author of this paper is trying to construct the insanity defense system in China, based on China’s national condition and the analysis on the American insanity defense system. Except for the introduction part and the conclusion part, this thesis is divided into four parts and totally 30 thousand characters. The first section details the basic theory of the defense system of the American insanity. American insanity defense system originated in the 1859 British Miner Dayton rules. The mental illness of insanity defense system is quite different from the mental illness in medicine. It is a legal terminology but not a medical term. The reason for not publishing those psychological ill people lies in that it can not made them scared of law and also contrary to the criminal justice retribution theory. The insanity criteria directly affect the judgment of the defendant of criminal responsibility.However, because the United States is a dual track justice system and insanity standards continue to evolve with the development of natural science, more than a century, the United States has adopted a number of standards, such as Miner Dayton rules irresistible impulse rule Durham rules, model Penal Code rule, and still without a unified standard until today. Difference