The Problems And Perfecting Measures Of Chinese Insanity Defense System

Criminal responsibility requires the actor has the ability to recongnize right or wrongabout action in criminal law and his action. Some people with insanity,however, have nothis kind of capacity, so they can’t take this responsibility. According to the provisions ofarticle18of the criminal law in our country, the mental patient crime can be reduced ornot investigate criminal responsibility in a particular situation，it also become no guilty orreduce guilty excuses in the criminal case. According to concerning sectional statistic, themental patient crime cases has reached ten thousands each year, and increasing year byyear. At the same time, dysphrenia is the most important and complicated factor thataffects criminal capacity. It directly relates to the burden of criminal liability. So duringthe trial of the severe homicide done by Ma Jiajue which happened in2004, and the onedone by Qiu Xinghua which happened in2006, psychosis had been the key point of debate.These insanity criminal cases had been comprehensively discussed and also aroused thepublic interest of the judgment of criminal capacity. In recent years, insanity defenseincreasingly becomes a weakness of our judicial system which was seen the trial of somenewly happened cases seemed to be done by psychopath. Such as insanity conceptdifferences, the standard fuzzy, not clear the proposed proposer, the burden of proof is notclear, the referee type is imperfect and so on. In order to perfect the criminal substantiveand procedural law, advices to amend them which are aimed at the mental defense systemshould be put forward. Those suggestions include clarifying the definition and ascertainingthe standard of mental disease and determining the proposer of the defense, clearing thedistribution of proof burden, completing Identification program and diversifying thejudgment of psychosis cases. Considering the applicatory, theoretical and legislativedemand, elaborates the problems existed in its criminal system installation and legislationand then give some recommendations, in order to perfect our insanity defense system.