A New Path for the Prevention of Illegal Acts Committed by Mentally Ill Persons in China: Improving the Legal Supervision Function of the Chinese Procuratorial Organs

Abstract

This research aims to study the prevention of illegal behaviors of mentally ill persons. This paper analyzes Chinese laws and regulations involving the prevention of unlawful behaviors of mentally ill persons, and examines a typical criminal case, using normative analysis and case study methodology. The research shows the illegal acts committed by mentally ill persons are socially dangerous, and China has constructed a three-tier prevention mechanism to prevent them. The existing prevention mechanism has major problems, which are highlighted by the failure of the responsible authorities to perform their duties in accordance with the law, and the lack of a supervisory body to urge them to fulfill their legal obligations. The prevention mechanisms are fragmented seriously, which leads to the occurrence of cases of mentally ill persons committing illegal acts. The findings and conclusion of this paper are that the people's procuratorate should play an important role in the prevention of acts committed by mentally ill persons, they should make supervision suggestions, file public interest litigation, and support litigation to urge the responsible subjects to perform their duties so that the quality of prevention of the illegal acts committed by the mentally ill persons can be improved.