论精神病人的刑事责任能力-法律专业论文.docxVIP

万方数据 万方数据 On the criminal responsibility of the mental patients ABSTRACT The mental patient groups in society is a special disadvantaged groups, in history, to the mental patient crime law has a tortuous development process. The mental patients form of punishment on one hand cant be same with the normal of the punishment; On the other hand, the law must to maintain the whole society fair and impartial legal order. Therefore, the mental patients criminal responsibility ability appraisal problems have become one of the key problems in the legal science and spirit. About the judgment of the mental patient criminal capacity has become the focal point of work justice. The provisions of the criminal law of criminal behavior person must have reached the age of criminal responsibility, and has the criminal capacity, both are necessary. For the research of mental patients criminal capacity, this paper assumes that the criminal actors are meet the conditions of the criminal responsibility age, focus on the problems related to the criminal capacity. The provisions of the criminal law, for the criminal actors, the criminal responsibility is the basis of criminal capacity, the basic principles of criminal law is no responsibility, no punishment, and often, only the criminal act has corresponding criminal responsibility behavior, the center problems of practice judicial work is to identify criminal capacity by which to judge actors criminal responsibility. The criminal laws for the mental patient criminal capacity are specified ability in countries; the most rules are in negative way, as the provision of the criminal capacity can mitigate the punishment, in the case of the mental patients’ criminal capacity lose or weakened cases of the implementation of the crime. But, for the mental patient criminal responsibility in research on the problem is, how to define the mental patient? How to define the criminal responsibility? How much standard to determine the m