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我国刑法中精神病概念应修正为精神障碍。精神障碍者刑事责任承担应依其行为当时主观罪过程度由法官客观厘定,并在坚持精神卫生学与法学标准相统一、主客观相结合的判定原则下,将其划分为完全无刑事责任能力、限制刑事责任能力和完全刑事责任能力三个层级。对精神障碍犯罪者坚持减免刑罚的原则,并注重扩大强制医疗和相应保安处分适用范围。
The concept of mental illness in our criminal law should be amended as a mental disorder. The burden of criminal responsibility for mental disorders should be objectively determined by the judge according to the degree of subjective sin at that time. Under the principle of combining the standards of mental health and legal science with the combination of subjectivity and objectivity, the criminal responsibility should be classified as completely non-criminal responsibility, Limit criminal responsibility and full criminal responsibility at three levels. Adhere to the principle of reducing penalties for offenders with mental disorders and pay attention to expanding the scope of compulsory medical treatment and corresponding security measures.