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Published on: March 8, 2018
[Civil competence assessment of the mental disorders involved in contract dispute]
Qin-Ting Zhang1, Yan-Xia Pang, Wei-Xiong Cai
1Shanghai Key Laboratory of Forensic Medicine, Institute of Forensic Science, Ministry of Justice, PR China, Shanghai 200063, China. zhangqinting@126.com
Objective:
To search the criteria for evaluating the civil competence of the mental disorders involved in contract dispute.
Methods:
Data on the interviewee's mental status and the forensic expertise were collected retrospectively. And 6 indexes were selected and graded: awareness of situation, factual understanding of issues, appreciation of likely consequences, rational manipulation of information, functioning in one's own environment and communication of choice. All of the data were analyzed by SPSS.
Results:
Fifty six cases were included and interviewee's civil competence was graded to three levels: full civil competence, diminished civil competence, and no civil competence. These cases included two types of contract: the real estate related contract (38 cases) and the labor related contract (14 cases). All of the 6 indexes were well correlated to the forensic expertise. The related coefficient was from 0.703 to 0.834, and the interrelated coefficient of the 6 items was also high, from 0.712 to 0.877.
Conclusion:
It is feasible to divide the civil competence of the mental disorders into three grades. As the basis, these 6 indexes mentioned above are representative and can be applied in further standardized and quantified assessment of civil competence.
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