Six kinds of mental diseases recognized by the court

There are two modes of psychiatric expertise in China, one is called "disease presumption", that is, unless there is conclusive evidence to prove that this person is not sick, everyone is presumed to be sick, and psychiatrists often adopt this presumption. The problem brought by "disease presumption" is that the diagnosis of mental illness is magnified and all kinds of personality defects are included in the category of mental illness. At the same time, "disease presumption" is also easy to cause human rights violations. The other mode is "disease-free presumption", that is, before making an appraisal, psychiatrists assume that the appraised person is not mentally ill, and then experts need to determine whether the appraised person is mentally ill through various symptoms.

Residents' committees, villagers' committees, civil affairs departments or people's courts shall respect the true wishes of the ward and appoint guardians among those with legal guardianship qualifications according to the principle of being most beneficial to the ward.

After the guardian is appointed, it shall not be changed without authorization; Any unauthorized changes cannot exempt the designated guardian from the responsibility.

Suffering from the above mental illness and not recovered for more than one year, the rating of mental disability adopts the operational evaluation standard of mental disability classification:

(1) Severity (1 level): 3 out of 5 points are improved or more than 3 points are improved, so it is rated as 2 points.

(2) Moderate (Grade II): one or two of the five scores are rated as 2 points.

(3) Mild (Grade III): Two or more of the five scores are rated as 1.

First, how to make a judicial appraisal of mental illness.

1. The judicial appraisal of mental illness in the case shall be entrusted to the corresponding case-handling organ. If a party, agent, defender or agent ad litem requests an appraisal, they shall apply to the case-handling organ, which shall decide and entrust the appraisal.

2. When entrusting or applying for judicial appraisal of mental illness, the patient's past medical records and disease certificates issued by disease control institutions should be prepared, and they should be filed at the appraisal center, and the Office will issue the Receipt of Entrusting Materials for Judicial Appraisal. And notify the parties to come to the appraisal according to the time arranged by the appraisal center.

3. Due to various reasons, the formal judicial authentication center will not accept the application for authentication made by individuals.

4. The conclusion of psychiatric judicial appraisal is made in the form of "appraisal document review opinions"; It takes effect after being signed by the appraiser and stamped with the official seal of the appraisal center.

Legal basis:

In the civil code, mental patients belong to adults who can't fully recognize their own behavior and are people with limited capacity for civil conduct.

Article 22 An adult who cannot fully recognize his own behavior is a person with limited capacity for civil conduct. When performing a civil juristic act, he shall be represented by his legal representative or approved and ratified by his legal representative. However, civil legal acts that are purely beneficial or suitable for their intellectual and mental health can be implemented independently.

Article 23 The guardian of a person without or with limited capacity for civil conduct is his legal representative.

Article 24? If an adult is unable to identify or fully identify his or her own behavior, his or her interested parties or relevant organizations may apply to the people's court to identify the adult as a person with no or limited capacity for civil conduct.