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In China, the criminal responsibility of the mentally disordered offenders is divided into three levels, there are the whole responsibility, diminished responsibility and irresponsibility. According to the Criminal Law, “If a mental disordered patient causes harmful consequences at a time when he is unable to recognize or control his own conduct, upon verification and confirmation through legal procedure, he shall not bear criminal responsibility.” That means there are two standards of assessing criminal responsibility, namely volitional and cognitive capacity. It is as equal as the Mc’Naughton Rule and the Irresistible Impulse Test. But for a long time, the criminal responsibility was assessed mainly by experience because of lacking of standardized assessment instrument. Recently, we have developed “the rating scale of criminal responsibility for mentally disordered offenders (RSCRs)”. The scale includes eighteen items, namely criminal motivation, aura before offense, inducement of crime, time and place and object and tool selectivity of crime, emotion during the crime, shirking responsibility after offense, concealing the truth during inquest, camouflage, understanding the nature of the offense, estimating the consequence of the offense, impairment of life ability, impairment of learning or work, impairment of insight, impairment of reality testing, and impairment of self-control. This scale can be applicable for all cases and easy to use. This scale had been tried out in several forensic psychiatry institutes, the Cronbach α of the scale is 0.93, and all items have high correlation with the total score of the scale ( r = 0.50–0.89). Two factors were extracted by the factorial analysis, and the cumulative squared loading was 68.62%. The scores of the three levels were 9.66 ± 5.11, 26.54 ± 5.21 and 40.08 ± 7.90 respectively and highly significant differences were observed among groups. By establishing discrimination analysis among three levels, classification results suggested that 88.90% of the original grouped cases were correctly classified, and the discriminant value had high conformity with the experts’ opinions. The data showed that the scale would be the best validated instrument for the criminal responsibility in China.

To explore the feasibility of the criminal responsibility rating scale for suspects with mental retardation.Ninety six suspects with mental retardation were evaluated by trained professionals according to the scale, and the results were compared to the expert's opinion.The scores of three groups (no, diminished, and responsibility group) were 12.25 +/- 2.06, 28.62 +/- 4.57, 44.41 +/- 5.17 respectively and were significant different among them. All items had statistical correlation with the total score of the scale. Five factors were extracted by means of the factor analysis and they could explain 70.919% of the variation. The accuracy of retrospective cumulative square was 92.7%.The Criminal Responsibility Rating Scale has good reliability and validity, and can be used as a reference in assessment of criminal responsibility.

With the development of information technology, as one of the research frontiers in neurophysiology, event-related potentials (ERP) is concerned increasingly by international scholars, which provides a feasible and objective method for exploring cognitive function. There are many advances in neuropsychology due to new assessment tool for the last years. The basic theories in the field of ERP and neuropsychology were reviewed in this article. The research and development in evaluating cognitive function of patients with syndrome after brain trauma were focused in this review, and the perspectives for the future research of ERP was also explored.

To explore the application of Diminished Criminal Responsibility Rating Scale (DCRRS) to mental retardation offenders.The DCRRS was used to 121 cases of mental retardation offenders who were divided into three groups according to the degree of their diminished criminal responsibility.There were significant differences in rating score among the three groups (mild group 22.12+/-4.69, moderate group 25.50+/-5.48, major group 27.59+/-5.69), and 17 items had good correlation with the total score of the scale with the correlation coefficient from 0.289 to 0.665. Six factors were extracted by the factor analysis, and 69.392% variation could be explained.The DCRRS has rational items, its total score could show the difference among the three degree diminished criminal responsibility of mental retardation offenders.

Testamentary capacity is one of the civil competences, it means that a natural person enjoys the capacity or qualification to establish testament and deal with his property. Recently, the cases of testamentary capacity assessment of the mentally disordered are increasing. This article firstly introduces the concepts of the testament as well as the testamentary capacity, and then summarizes the assessment standard of the testamentary capacity, by using the Banks v. Goodfellow case as a basis to make the standard criteria including: the understanding of the nature of a will and codicil, the knowledge of the general extent of one's assets, the knowledge of the natural object of one's bounty, the understanding of the impact of the distribution of the assets of the estate, and the absence of a delusion specifically affecting the distribution of the estate. The impact factors of the testamentary capacity, including dementia, mood disorder, schizophrenia, alcohol, drug, and undue influence, etc., are summarized. Lastly, the related assessment tools such as the Mini-Mental State Examination, the Clock-Drawing Test, and the Testament Definition Scale are introduced briefly.

To determine the best time for assessing mental disability due to brain damage.Ninety-three mental disabilities due to brain damage in traffic accidents were assessed and their follow-up studies were taken in different period after the brain injury: 3 months, 6 months, 9 months and 12 months. The patients' brain imaging, electroencephalogram (EEG) and detailed medical history were collected. Then to interview the patients' family members and to assess the patients' mental conditions with Wechsler Adult Intelligence Scale (WAIS), Social Disability Screening Schedule (SDSS), and Activity of Daily Living Scale (ADL). Diagnosis and disability assessments were based on all of the above information.ADL and SDSS had good distinction between different levels of disability and different time. The overall sample demonstrated that there was no statistically significant difference between patients' ADL and SDSS averages in 9 and 12 months. For mild disability, there was no statistically significant difference between ADL and SDSS averages in 6, 9 and 12 months. For moderate disability, there was no statistically significant difference between ADL and SDSS in 9 and 12 months. And there was no statistically significant difference between ADL and SDSS averages in 6, 9 and 12 months for severe disability.For mild disability, it is recommended to assess the mental disability 6 months after the injury, for moderate disability, it is 9 months. The statistics data recommended that the best assessment time for severe disability is 6 months after injury. However, our comprehensive analysis concludes that the suitable time is 9 months after injury.

To seek and ascertain indicators that can be used in the civil competence assessment of the mental disorders involved in compensation of personal injury.A retrospective study was made on the data related to the interviewee's mental status assessed by forensic experts during the period from 2003 to 2005 in Institute of Forensic Science, Ministry of Justice, P.R.China. The 6 indicators, including awareness of situation, factual understanding of issues, appreciation of likely consequences, rational manipulation of information, functioning in one's own environment, and communication of choice, were graded and statistically analyzed using SPSS 11.5 software.The 6 indicators correlated well with the assessment of forensic experts ,with the related coefficient between 0.632 and 0.876, and the inter-related coefficient among the 6 indicators between 0.575 and 0.911.The 6 indicators could be used for the civil competence assessment and may also be taken as the basis for further standardization and quantification of civil competence.

To explore the influencing factors of schizophrenic patient's capability in civil litigation, and to establish the base of quantitative study about execution of civil litigation.To study questionnaires completed from patients with and without civil litigation capabilities and to determine the influencing factors from medical and forensic aspects.One hundred patients were admitted to the study and were divided into two groups based on capability in civil litigation. There were significant differences in psychiatric and legal aspects between the groups.Capability of schizophrenic patients in perusing civil litigation had been impaired or even complete lost.

To explore the feasibility of Diminished Criminal Responsibility Rating Scale(DCRRS) to schizophrenia offenders.The DCRRS were used respectively to 325 cases of schizophrenia offender which were divided into three groups according to the degree of criminal responsibility.There were significant differences in rating score among three groups (mild group 21.16 +/- 4.17, moderate group 25.87 +/- 5.43, major group 29.35 +/- 4.60), and all items have good correlation with the total score of the scale. 6 factors were extracted by the factor analysis, and their cumulative squared loadings is 68.485%.The diminished criminal responsibility in schizophrenia offenders could be divided into three grades.

To create an instrument to determine the mental prisoners' competency to serve a sentence, which is according with the Chinese legal system.Integrating the Chinese criminal jurisprudence and the authors' forensic psychiatric experience, the research team created an instrument which called Competency to serve a sentence Rating scale firstly, then used the instrument retrospectively, in the end the validity and reliability of the instrument were inspected and, through an diagnostic test, the feasibility of the instrument was evaluated.Homogeneity reliability of the instrument is 0.8779, the correspondence of the conclusion between the instrument and the expertise is 0.909, except the positive likelihood ratio is 0.0683, the other diagnostic index are better.The Competency to serve a sentence Rating Scale is feasible.

Explore the affecting factors of mentally prisoner's competency to serve a sentence (CSS), establish the base of quantitative study of CSS.Firstly, the researchers compile a questionnaire named legal-psycho ability of competency to serve a sentence questionnaire, then the researchers scaling the object with RTHD, and ask all object complete the questionnaire. there a hypothesis, that the object who are cured in cured ward is incompetent to serve a sentence (ISS), and the other who are stay in rehabilitated ward is competent to serve a sentence (CSS).There are 185 object admitted the study, the ISS group the CSS group have significance between psychiatric and legal aspects.At the influence of psychiatric symptoms, the mentally prisoner's competency to serve a sentence had been impaired, and they should been transferred from prison to hospital.

To explore the current situation and tendency of the forensic psychiatric examination of the cases of labor disputes.This study reviewed 156 cases examined during the period of 1990-2001, analyzing some related factors.It was shown that most of these cases were related to the termination and interruption of labor contracts, while the quantity of cases related to labor pay increased considerably. The intervals between the beginnings of disputes to examinations were prolonged, while 69.2% of the intervals were within 12 months. 91.2% conclusions of the examinations were consistent with the diagnosis of psychiatric history. The rates of limited civil capability and incapability were 23.1% and 52.6%.The quantity, type and interval of the cases of labor disputes were changing greatly during recent years. More attention should be paid to this kind of cases.