Research On Prevention And Control Of Crime Of Mental Disorder

Mental disorder refers to the disorder of brain functional activities,which leads to different levels of disorders such as cognition,emotion,behavior and will.Many people with mental disorders have cognitive impairments,lack of self-control ability,and cannot live independently.They are vulnerable groups in society,and should receive social care and protection.However,with the continuous emergence of criminal cases of mentally handicapped people at home and abroad-many of which are extremely harmful and adverse effects-such a question is increasingly worthy of our attention:how to prevent this should be protected by society in turn harms the society.Faced with new problems,it is impossible to solve them without seeing them.This article summarizes several characteristics of mentally disorder’s crimes by analyzing distressing actual cases.At the same time,we will conduct foreign investigations and sum up the valuable experience of other countries on this issue.Finally,combining the characteristics of mentally handicapped people’s crimes and the extraterritorial experience of mentally handicapped people’s crime prevention and control in combination with china’s specific reality,some prospects for solving this problem are proposed.The mental disorders discussed in this article are interpreted in a broad sense,that is,the emergence of cognitive,emotional,behavioral,and other mental activities caused by congenital,acquired,organic,psychogenic,spontaneous,and other causes are different from ordinary people.The general term for abnormal or disordered mental diseases.Mental disorder is not a psychology or medical term that has nothing to do with daily life.It actually exists around people.Considering the increasing predisposing factors and potential genetic factors in modern society,no one can guarantee that he will have a different degree.The mental disorder is missed.It can be said that this is a concept closely related to each individual.The ability of criminal responsibility refers to the perpetrator’s necessary to constitute a crime and assume criminal responsibility.The perpetrator has the ability to recognize and control his behavior in the sense of criminal law.In essence,it is the free will of man—the ability to perform various actions freely,and man should bear the consequences for his actions.Recognizing the meaning and consequences of your actions is undoubtedly the premise of controlling your actions.Therefore,it is unfair and unreasonable to require those who do not have such free will to be punished by punishment.To determine whether a person with a mental disorder commits criminal responsibility after committing a crime needs to pass a mental appraisal.The time when humans began to conduct in-depth research on psychology is much later than the time when criminal law was born.Therefore,psychiatry is also a subject that is still in development,so the reliability and accuracy of the conclusions of spiritual appraisal are often questioned.Regardless of whether the mentally impaired person is added criminal responsibility after committing a crime,the basic logic of criminal law to stop crime and maintain social order by violent intimidation has appeared many inconsistencies in the face of the crime of mentally disabled people.This article selects four major criminal cases of mental disorders at home and abroad,namely:Shanghai Pubei Road murder of primary school students,Zunyi Renjiang Village villager murder case,Ikeda Elementary School case,and Ikebukuro Street indiscriminate murder case.They are all criminal cases that cause major harm,have significant impact,and are typical of mental disorders.In all cases,the behavior of the parties presents features that are difficult for ordinary people to understand and lack logic.Through these cases,this article summarizes the characteristics of the diversity,difference,unpredictability,chance and randomness of the crimes of mental disorders.This article summarizes the problems in the prevention and control of crimes of people with mental disorders in China by summing up the painful lessons in practice and combining the practice in China’s judicial and medical fields.The deficiencies beyond the jurisdiction include inadequate psychiatric medical service standards and imperfect guardianship and security systems for people with mental disorders.Deficiencies in justice include:poor supervision of persons with mental disorders who have committed crimes,imperfection of the compulsory medical system,and lack of mental medical services in prisons.The increasingly serious crime of mentally handicapped people in our country can be said to be a by-product of economic development and social growth.As a developing country,we should learn from the experience and lessons of other developed countries in this field.Therefore,it is worth investigating the countermeasures of crime prevention and control for people with mental disorders outside the territory.Darfur have invested a lot of manpower and material resources in the medical and security of people with mental disorders to establish a perfect mental health system,and emphasized the cooperation between the judicial system and the medical system to deal with the crime of mental disorders.At the judicial level,it examines procedures similar to compulsory medical treatment in other countries,which are referenced in China’s compulsory medical procedures.The target of Japan’s medical observation system is those mentally handicapped persons who have committed criminally violent behaviors such as murder and arson in a state of loss of heart and weakness of the heart that have been identified as not criminally responsible.The local tribunal consists of a collegiate body consisting of a magistrate and a psychiatrist to make the admission decision,discharge decision,and final decision.After deciding to designate the hospital for admission,the national hospital designated by the ministry of health,labour and welfare will provide a thoughtful and specialized hospitalization for the target audience.Involuntary treatment in the United States refers to medical treatment without the consent of the person being treated.In most cases,it applies to mental illness treatment that I object to but still undergo.People with mental disorders who are diagnosed with mental illness are usually judged by medical or judicial personnel to be in danger of harming themselves or others.Finally,this article puts forward suggestions for improving the prevention and control of mental disorders in the two dimensions of crime prevention and ex-post control,specifically including reminding the basic mental health service level,improving the protection and guardianship system for mentally disabled people,improving the compulsory medical procedures,and improving the spirit in prison Medical services and promotion of collaboration between the medical system and the judicial system.