AbstractMisfeasance of psychopaths in China shows an upward trend year after year
There is a sharp contradiction between the protection of human rights of psychopaths and the maintenance of social public security
The mission of the law is to resolve the contradiction in a fair and reasonable way
In terms of theory, criminal capacity is one of the basic concepts of criminal law
However, there is big divergence in both its essence and the description of concept
On judicial practice, the criminal liability cognizance to psychopaths is unsatisfactory due to reasons like the lag of legislation and the insufficient quality of judiciaries and appraisers
This essay is written based on the theory and judicial practice of our country
Meanwhile, with the combination of some advanced theories and