The application value of the combination of personality responsibility theory and motivation theory in the identification of the criminal responsibility ability of the patients with mental disorders
10.03618/j.issn.1001-5728.2017.05.021
- VernacularTitle:人格责任论对于刑事司法精神病鉴定的应用价值
- Author:
Changle TIE
1
;
Lin ZHANG
;
Qing HUANG
Author Information
1. 首都医科大学附属北京安定医院精神疾病司法鉴定科 国家精神心理疾病临床医学研究中心 精神疾病诊断与治疗北京市重点实验室
- Keywords:
forensic psychiatry;
criminal responsibility ability;
personal responsibility;
motivation;
control
- From:
Chinese Journal of Forensic Medicine
2017;32(5):522-525
- CountryChina
- Language:Chinese
-
Abstract:
Objective To explore the value of the combination of personality responsibility theory and motivation theory in the evaluation of the ability of criminal responsibility of the patients with mental disorders. Methods A retrospective analysis of our hospital in 2013 and 2014 the implementation of identification of 101 cases of patients with mental disorders of the criminal responsibility, analysis indicators include: the reflection of the basic characteristics of personality; motive; identification of illegal behavior evaluation; the capacity of criminal responsibility. Results different symptoms reflects abnormal consistency and specificity of personality integrity; when the symptoms are not at the same time, with the implementation of the illegal behavior of the motivation also has realistic and non realistic differences; personality integrity can not damage the normal and correct evaluation of the illegal act, almost all favorable personality particularity of affected persons can recognize the illegality of the behavior; the integrality and consistency of the affected personality criminal responsibility were incomplete; special personality influence for full criminal responsibility. Conclusion The combination of personality responsibility theory and motivation theory is applied to the identification of the criminal responsibility ability of the patients with mental illness. To define the identity of the actor as the actor, to identify the patient's behavior is "not control" or "no control", it is worth promoting the application in the work of mental illness judicial identification.
