关键词: 受审能力, 适用范围, 二分法, 程序

Abstract: The concept of competency to stand trial(CST) in criminal courts recognizes that a defendant's mental or emotional disabilities might interfere with the right to a fair trial.Comparing the difference of the legislation and practice between China and foreign countries,we believe CST should be used in investigation procedures(like fitness to plead) so that it can obey the principle of procedural law.And the competence must be classified into two grades according to jurisprudence.Furthermore,we need create the treatment process for those who were incompetent to stand trial to protect the rights of patients.

Key words: competency to stand trail, application, process