论精神病患者的受审能力-刑事诉讼法专业论文.docxVIP

1 1 Abstract In todays world, for a variety of reasons, more and more people began to suffer from mental disorders. For such a large group, the protection of human rights has become increasingly concerned by more people. Therefore, in view of such a special group, we must give adequate attention in the legislature and judicature. Mental patients not only concerned in the entities of the criminal law , but also the procedures of the law of Criminal Procedure. In the criminal law, relating to mental illness triggered ability to take criminal responsibility and its classification, and in the law of Criminal Procedure, mental illness and together with other relevant trial triggered the issue of competence to stand trial. Competence to stand trial of mentally disordered patients is an important area of research. In Western countries, the defense counsel requests for the evaluation of competence to stand trial of the accused are much more than that of criminal responsibility .But in our country, the study is few. In theory, the domestic study is scattered, fragmented. In legislation, there is almost a blank; we have not clear legal provisions in competence to stand trial. However, the cases that encountered in practice trials involving competence to stand trial of mentally disordered patients are growing. Therefore, through the discussion of competence to stand trial of mentally disordered patients, we should design a system that mentally disordered patients can take part in the proceedings fully and effectively. so that we can rule fairly and handled properly. it is not only a manifestation of respect for human rights, but also to safeguard the social security needs. The author attempts to integrate all aspects of study in competence to stand trial and discuss it in-depth and meticulous, so as to provide reference for building the system of competence to stand trial of mentally disordered patients. This paper is divided into four parts; the full text is about 30,000 word