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On the mentally ill to stand trial

Author: PengShuai
Tutor: XuJingCun
School: Southwest University of Political Science
Course: Procedural Law
Keywords: Psychiatric patients Competency to stand trial System Construction
CLC: D920.4
Type: Master's thesis
Year: 2008
Downloads: 142
Quote: 1
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Abstract

Within the scope of today's world, due to various reasons, more and more people started to suffer from mental disorders. For such a special and large groups, we must be given adequate attention in the legislative and judicial. Criminal law, mental illness led to the presence or absence of criminal capacity and classification, and the Code of Criminal Procedure, mental illness along with other reasons led to the issue of competency to stand trial. The research is an important area for the mentally ill to stand trial. Western countries, the defense lawyer of the defendant for trial in the submission and assessment of the ability to be a lot more than the assessment of the ability of criminal responsibility. Of theoretically and legislative competency to stand trial. In theory, the domestic research competency to stand trial is very decentralized, fragmented; Legislative almost blank, there is no clear legal requirement for competency to stand trial. Encountered in cases involving the mentally ill to stand trial in the trial practice, however, is increasing. Therefore, the discussion of the mentally ill to stand trial, and in the program on the design of a system to ensure the spirit of the patient the full and effective participation in the proceedings, to a fair trial, be handled properly, is both a manifestation of respect for human rights, and safeguarding social security needs. I try to integrate all aspects of competency to stand trial research, and its depth and detailed discussion, to build the mentally ill to stand trial for our legal system to provide a reference. This paper is divided into four parts, the text of three thousand words. The first part is mentally ill for trial related to the ability of a few basic concepts defined. Understanding of what is a \affect the development of the administration of justice and related theoretical research work. In this section, the author of some of the basic concepts of the analysis, mainly to explore the meaning of the concept of mental illness and competency to stand trial, competency to stand trial and criminal responsibility, the distinction between the legal capacity to contact a few questions. These problems is the cornerstone of the mentally ill to stand trial. Therefore, the first part of the article is the basis and premise of the research below. The second part is related to the basic theory of the mentally ill to stand trial. In this section, I analyzed some basic theory related competency to stand trial with psychiatric patients, mainly discusses the basis for the existence of the mentally ill to stand trial, the mentally ill for trial capacity assessment standards, as well as for trial in the ability of the division, and several other issues. These issues are the basis of the mentally ill to stand trial, is also paving the way for the later exposition. Therefore, the second part of this paper is further carried out on the basis of the first part of the bedding, which slowly leads to the climax of the full text. The third part introduces abroad about the mentally ill to stand trial assessed the legal system and the status quo, and its evaluation. In this part, the author in accordance with the process of evaluation of competency to stand trial, highlight the start of the civil law and the common law system of competency to stand trial identification mode and in-depth comparative study and analysis of their respective advantages and defects. The same time, the author describes the procedural aspects of the legal system the United States and the United Kingdom in the identification of competency to stand trial, the trial for psychiatric patients the ability of the legal system to provide a certain reference value for China to build. The third part of this paper played a connecting role. The fourth part is mentally ill for trial in the construction of the ability of the legal system. Theoretical research purpose, need \In this section, I first analyze the current situation of our country on the mentally ill to stand trial provisions, highlighted the existing law is not required competency to stand trial, and no competency to stand trial assessed the provisions of the standard, used in our practice of competency to stand trial divided \The author of these defects and shortcomings were evaluated. Not only to undertake our legal status before about the necessity of the study, and also set the target as below. Talk about the basic theory, to talk about the lack of reality, the implementation of the actual operation is to improve the inadequate remedy defects. Finally, the author proposes a specific reform ideas and program design. This is the last part of the article, and also the ending of the pen. This is where the value of the article. In this section, I pointed out earlier in the current legal system, lack of the first, the second part of the basic theory as a starting point to learn from the advanced experience of foreign countries, taking full account of the situation of our country bold on how to build the mentally ill to stand trial The various components of the legal system is suggested. To this article from structure came to a close. However, the content is far from over. This is also the author deeply confused and uneasy lies the occasion of the cross pen. The mentally ill to stand trial should be an interdisciplinary areas of study, but also the theory and practice quite close areas of study, you need a solid theoretical knowledge and practical experience, which is what I deeply insufficient, while The study of this issue is also far from a master's thesis completed. Nevertheless, I believe that this article is still a certain value, First of researchers involved in this issue not more than can be said is I have time opportunity to accept the challenge; Although the contents of the article are not enough full, but still give effective; want is to see is that the bricks can lead to more jade. The author determined to continue in the future study and work to improve the research on this issue.

On the mentally ill to stand trial

Abstract

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