关键词: 精神障碍者, 辨认能力, 常识性辨认能力, 实质性辨认能力

Abstract: The theory of common-sense appreciation capacity stands in contrast to the theory of substantial appreciation capacity. The former posits that common-sense appreciation capacity constitutes the requisite form of appreciation within the context of criminal law. Consequently, individuals with mental disorders who have lost substantial appreciation capacity but retain common-sense appreciation capacity may be assessed as having diminished criminal responsibility, rather than being found not criminally responsible. However, this theory lacks the necessary analytical framework to conduct a substantive examination based on pathological motives and related factors. Consequently, it proves difficult to effectively identify individuals with mental disorders who lack the “possibility of alternative lawful conduct” and should therefore be excused. The application of this theory thereby diminishes the assessment of culpability for such individuals, which conflicts with the principle of culpability. Therefore, China should adhere to the theory of substantial appreciation capacity in the evaluation of criminal responsibility.

Key words: individuals with mental disorders, appreciation capacity, common-sense appreciation capacity, substantial appreciation capacity