在邱兴华案中,由精神病专家所引发的学者诉求迷人而宏大。不过,学者们表达的法治理想与邱案无关。刑法的知识体系将证明这些诉求在导向是错误的,因为,在刑法上邱可以被法官不经鉴定直接认定为完全刑事责任能力者,精神病鉴定的宽严与法治进步并没有关系,不能在没有仔细研读法条时就作感性判断。法治的寄托不能远离作为法治基础的知识体系。 In the case of Qiu Xinghua, the demands of scholars initiated by psychiatrists are magnificent. However, the ideal of the rule of law expressed by scholars has nothing to do with Qiu’s case. The knowledge system of the criminal law will prove that these claims are wrongly oriented. Because in the criminal law, Qiu can be directly recognized as a full criminal responsibility without being qualified by a judge, the strictness of psychiatric appraisal has no relation with the progress of the rule of law. When carefully studying the law make sensual judgment. The rule of law should not be placed away from the system of knowledge that is the basis of the rule of law.