In July, successional two doubt are like a madman the malign incident that injure a person, picture envelop like black clouds in public mind.
On July 17, a man opposes knife do violence around city of exultation of Beijing rising sun, cause two people death; On July 22, horse of the city zone connects Beijing on the west the man happens to hold event of knife wound person again inside some supermarket, cause 3 people to get hurt, one person dies. And two afore-mentioned do violence person, be exposed to the sun " invigorative medical history " .
With respect to case of madspring poolman cause trouble, green public feelings is monitored in room random today draw-out the discovery after 1000 netizens opinion, be in what clutch wrist groan for the victim, about 3 is become (31.3% )watch case manufacturer the netizen is worrying, the party of case of a few malign criminal, " mental medical history " regarded as pretext.
Below what circumstance, even if does mental disease suffer from must also assume criminal responsibility? Reporter of Chinese youth newspaper interviewed expert of inquisitor of a gleam of and many crime psychology to seek solution.
Statistic calls 75% madmans cause trouble case " without plot beforehand "
"Current, our country weighs sexual madman to make an appointment with 16 million person, depressed disease patient already amounted to 30 million person, 17 years old have the about 30 million person of mood obstacle and behavior problem in children, adolescent below, mental disease already became our country's serious communal sanitation and social issue. " branch of doctor of family of spirit of Chinesemodern dining chairs doctor association ever issued this group of numbers.
Beijing answers dragon to watch Wang Shaoli of hospital assistant dean to sign up for a group of offerred data to also show to Chinese youth, this one circumstance nots allow hopeful. He introduces, nearly 1% what the disease of heavy sex spirit such as invigorative dissension disease can occupy total population. Latter clinical expression is: Have serious psychedelic, vain hope, behavior is disorder, some was lost completely even accuse to restrain ability with the society oneself.
Have media exposure early, if,afore-mentioned heavy sex mental disease suffer from " let things drift " , go to menace the society is communal and safe. "Because be in the Chinese about 16 million madman that weigh a gender, about 10% have behavior of cause trouble cause an accident and risk. " Tang Hongyu of assistant director of institute of sanitation of Beijing University spirit says, because lack a standard, successive cure and administrative system, comparative to weigh sexual madman partly " scatter folk " , become the person be endangered potentially with communal and safe society. brass faucet
2011, CCTV news is investigatedEver statistic says: Mental disease has the case of serious cause trouble that violent incident causes every year more than 10 thousand cases.
Up to distribute news dispatches, reporter of Chinese youth newspaper was combed after 20 the whole nation's famouser mental disease have case of cause trouble cause an accident, discovered up to now 2011, its are mostly malign case of sudden injury person, and the most in area of scene of the school, hospital, highway, travel happening that wait public.
"Come from December 26, 2009 on June 25, 2013, our altogether heard the mental person case that takes violent means crime 20 20 people. Among them 15 cases existence goes to what serious injury differs from slight injury ' person is harmed ' circumstance, and the case that the suspect manages lethal weapon, appliance, exceed an in part. " city procuratorate public prosecution is in Beijing on the west deputy director generalZhang WenxiuExpress when accepting Chinese youth to sign up for a reporter to interview.
Afore-mentioned findings report of city procuratorate say on the wi want modern dining chairsest, 20 mental disease have person case in, thbrass faucet aerator e 85% person that do not have course of study for the male, and 75% it is paroxysmal without plot beforehand case, "Mental disease suffers from the case that plot beforehand commits a crime to have 5 only, hold sum total 25% " .
Inquisitor still tells Zhang Wenxiu the reporter, mental disease has person case in " enroach on is not specific person " the feature is apparent. "In the victim, still included try to check the security personnel of illegal enroach on and police. Still included try to check the security personnel of illegal enroach on and police..
"Mental disease " be cause trouble person pretext?
Our country " criminal law " the 18th the 1st section provision: "Mental person is in cannot identify or incontrollable him behavior when create harm result, affirm via legal process appraisal, do not bear criminal responsibility. Do not bear criminal responsibility..
But a problem followings sb's heels and come: Someone is in cause trouble cause an accident from time to tome fainthearted disease, by whose appraisal? Can you exist " is camera bellows operated " possibility?
north face shirtsChinese youth signs up for reporter retrieval to discover, afore-mentioned doubt of the netizen are not to be without cause: In June 2012, shandong ever happened one case " preceptress of college of medicine drives bump dead 4 years old female child " incident, cause trouble of after the event person Zhang Mou is naked before lying in the ambulance, prevent rescue them. And subsequently medical appraisal shows, zhang Mou is by appraisal " acute is brief sexual mental disease " , without criminal responsibility ability.
Of the same age in August, garrison post of head of Dongguan city camphorwood happens one case "BMWThe car hits person record " , cause 3 people death on the spot. Classics Guangdong essence defends appraisal of place of appraisal of judicatory of mental disease of legal medical expert after, cause trouble person Huang Mou east the psychosis when case hair is accorded with " depressed fit " diagnostic standard, be by appraisal " ability of demarcate criminal responsibility " , need to assume partial responsibility only.
Afore-mentioned appraisal, ever all caused public opinion to be oppugned strongly. "Mental disease " be cause trouble after all person avoid duty gold? To this, chen Xingliang of professor of law of punishment of courtyard of Beiharrison hot spring dealjing University law is written civil point out, "Although mental disease is the main content that responsibility ability of the individual is lost or reduces really, but our country " criminal law " use to the responsibility ability of mental person ' trichotomy ' , the mental person of the mental patient of responsibility of criminal of the mental patient that does not bear criminal responsibility completely namely, limitation and responsibility of completely negative criminal.
" criminal law " the 18th the 3rd section provision: "Have not lose the mental patient that identify or controls him behavior capacity completely to commit a crime, ought to bear criminal responsibility, but perhaps can reduce punishment lightly. " " criminal law " the 18th return a regulation the 2nd times: "The mental patient of intermittence commits a crime when spirit is normal, ought to bear criminal responsibility. Ought to bear criminal responsibility..
And differentiate madman " injury person " when belong to after all why to plant case, need orgnaization of major of judicatory mental disease to come differentiate. "Above all whether is ascertain behavior person put in obstacle of spirit of some kind of legal, next whether did behavior person lose farther ascertain as a result of obstacle of this kind of spirit to identify behavior and control ability, alleged biology standard and psychological level mix use, be short of one cannot. " Professor Chen Xingliang says in article.
The problem is, as a result of orgnaization of major of judicatory mental disease and program " cloud block mist is overspread " , make a few public the most popular watch casesfascicular to its appraisal suspicion.
Zhang Wenxiu inquisitor signed up for a reporter to open the mysterious veil of this one process to Chinese youth: "Usually, public security mechanism deals with doubt to be like mental disease to have case of cause trouble cause an accident, want to be examined and approve through interior first, there is a suspect to go later orgnaization of appraisal of judicatory mental disease makes professional identification. When appraisal, can have group of a legal medical expert, have test to the suspect or examine, undertake talk with the suspect, communication, also want to know details of a case at the same time. Later, group of legal medical expert can discuss ' the suspect when committing the crime is invigorative ill ' , it is with most opinion accurate. But, " judicatory testimonial " in can write all different opinions go in. " judicatory testimonial " in can write all different opinions go in..
The appraisal of afore-mentioned professional legal medical expert, accuracy how? Give out very hard it seems that at present final conclusion. Psychology of crime of university of Chinese people public security teachs Li Mei Jin to sign up for a reporter to hint to Cthe most popular selling norton internet antivirushinese youth, be known with respect to her, the expert majority that participates in appraisal at present comes from psycho domain, and the opinion of psychologist was not inducted to come in, "The scientific sex that this may affect appraisal and rigorous sex " . "Common ground is told, psycho can explain ' this individual is mental disease ' , but to ' why this individual is mental person ' wait for more deep-seated thing, still disentomb insufficient " .
"Disease can have medical service, mad can have accuse " cannot rely on a government solely
The mental disease that loses responsibility ability suffers from do not assume criminal responsibility, without giving thought to,do not mean pair of its indulge.
In fact, " criminabrass faucetl law " the 18th still have second half the 1st times sentence: "(the mental patient to responsibility of not negative criminal) the family member that ought to charge him or guardian is stern add guard and medical treatment; Be in necessary when, enforce by the government medical treatment. " this clause is unscrambled to be by Professor Chen Xingliang " it is our country law the measure of punish of a kind of security personnel of the mental person to responsibility of not negative criminal " .
But " it is difficult to say to be done easily " . Ever media coverage says, our country is close 4 suffer from into mental disease when committing the crime really " control ability is lacked " . Many suffer visit an expert to tell China the youth signs up for a reporter, suffer from angle of cause trouble cause an accident to set out from mental disease of keep within limits, compare after the event " mend the fold after a sheep is lostthe most popular norton internet antivirus " , first-rate method is to strengthen prevent beforehand accuse with superintend.
"Mental disease of 16 million heavy sex suffers from, not be everybody needs be in hospital, can undertake a little completely receiving treating through community, management. " Tang Hongyu expresses, "The government that has to mental disease should return community finally, this is a trend. The intervention that has to mental disease also is one lasts process, follow for a long time visit, dog, administrative mechanism, only social force can be accomplished. Only social force can be accomplished..
Early media points out, manage a madman, the many link such as need medical treatment, public security, civil administration, community, family cooperate ability to finish each other. Of every link be out of line, make probably management is become " useless result " .
"Effective ' discover ' a few have the mental disease of violent tendency to suffer from is the first pace. " inquisitor expresses Zhang Wenxiu, "Proposal by community, street wait for basic level organization, undertake registering to the mental patient inside area under administration, time visit; Police station of area under administration establishs a focal point personnel administration, put on record mechanism, discover the violent tendency of mental person in time, put forward to close to its family member or relevant section then study a proposal. Put forward to close to its family member or relevant section then study a proposal..
"Administrative drive patient also cannot rely on hospital and government solely, the power that produces dweller autonomy adequately is very main. " an expert expresses Beijing University, "Villager committee, community is resided appoint meeting the attention that should strengthen pair of mental disease people. If can provide for oneself through cure, should let them take care of —— to build the place of diurnal mandatory spirit patient by community for instance in community somebody. Should let them take care of —— to build the place of diurnal mandatory spirit patient by community for instance in community somebody..
Zhang Wenxiu inquisitor returns a proposal, psychological advisory room should be built in community. "Partial spirit patient fastens long-term thought burden overweight, negative sentiment cannot drain is caused touched. But, compatriots seeks advice to did not establish normal understanding to psychology, fail to be treated in time. Community psychology advisory room can seek advice with offerring seasonable psychology for the dweller, dredge mood, slow spirit, because psychological pressure development is mental disease patient,prevent more people. Because psychological pressure development is mental disease patient,prevent more people..
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