关于责任能力,刑法关心的是行为人于行为时的精神状态怎么样,一个被评价为行为时陷于精神减弱状态的人,代表了在刑事程序鉴定的过程中,法官获得了一个心证,就是行为人于行为时因为一些生理或病理的原因,因而造成其意识或控制能力相较于常人显着减弱,至少法官无法排除有这样的可能。鉴于此,如同对心智丧失的人刑法的基本态度是教育胜于制裁,对精神耗弱的人规范也应当展现出类似的宽容,而赋予法官对行为人减轻刑度的裁量权限。 Concerning the ability of responsibility, the criminal law is concerned with the behavior of the behavior of the state of mind how a person was assessed as behavior in a state of weakening mentality, on behalf of the criminal procedure in the identification process, the judge won a testimony, that is The behavior of people because of some physiological or pathological reasons, resulting in a significant reduction in their awareness or control ability compared with ordinary people, at least the judge can not rule out the possibility. In view of the above, just as the basic attitude of criminal law to the loss of the mind is that education is better than sanctions, the norm of spiritually weak persons should also demonstrate similar tolerance and give the judge the discretion to reduce the penalty of the perpetrator.