Abstract
There are two primary factors can influence the ability of criminal obligation. One is the age, the other is the psychosis. but the psychological block (psychosis) is one of the most familiar and primary factors that influence the ability of criminal obligation .in domestic criminal law, the 18th legislation has established that the person who has psychosis take the rap which have three instances .in the daily life, it is usually happened that this kind of people actualize hurt action and need assess their ability of criminal obligation. In the judicature practice, we usually assess their ability of criminal obligation like this: judged by psychiatrist entirely, and then make a decision directly that the actor doesn’t have responsibilities. While the law officer or inquisitors also adopt the psychiatrist’s decision, in this way, it can’t make a scientific judge to mentally disordered person′ ability of criminal obligation. The psychological block is complexity and the concept of “psychosis” in the legislation has uncertainty and limited, it makes the area of criminal law, the area of law and psychiatry and the department of judicature practice have many issuable difficulty in assess mentally disordered person’s ability of criminal obligation.
Key words: Ability of criminal obligation; Psychosis; Psychological block.
