On China's current criminal judicial psychiatric appraisal system
|School||Liaoning Normal University|
|Course||Scientific socialism and international communist movement|
|Keywords||Criminal psychosis appraisal Equilibrium of defendant and accuser Apprasier qualification Cross-examination expert opinion|
Content:At present, some cases which were suspected to be done by pschopaths frequently appeared in the press, and attracted extensive attention of society from all circles. The discussion of criminal psychosis appraisal has never stopped since an extremely representative case of Qiu Xinghua happened in our country from2006. The criminal administrtion of justice for psychiatric appraisal system is playing a key role of the system for the result of the trial in criminal cases. And it is the most important line of defence for the psychopaths’ human rights, and it is also the basic guarantee for a practice of people with mental disorder do not penalty concept of criminal law. Under the stong demands of academic circles amd justicial practice in the field, the new criminal produre law has increased the mandatory treatment system for the mental disorders who have no criminal responsibility in accordance with the law.And it has also solved the trouble back at home for starting mental identification system in a way. In spite of this, there are still some shortcomings and loopholes in our country’s criminal judicial psychiatric appraisal system.And it led to the choas of psychiatric appraisal in the judicial practice and no regulations to abide byStarted from the basic meaning of psychiatric judicial appraisal system, these papers divide in four sections. In the first section, we have achieved some important features for the difference of criminal judicial psychiatric appraisal from general judicial autentication regarding in according to the meaning of criminal judicial psychiatric appraisal as well as laws and regulations as the baseline. In analysing the theoretical basis of criminal judicial psychiatric appraisal system and the ancient and modern, China and foreign history, we have further verified the importance and necessity of the construction for modern criminal psychiatric appraisal system in China. In the second section, we discussed the advantage and disadvantage of the continental law system and Anglo-American law system, as well as the significance for our country mainly through starting psychiatric appraisal system of two law systems. And comparing or ananlysing an appraiser qualification and censorship on cross-examination. In the third section, we summarized the main methods by psychiatric appraisal in the judicial cases which are under existing appraisal system in China, and we discussed the startup standard differences of psychiatric appraisment in the judicial practice, the lack of accurary of appraisal suggestion,and other major defects and we will find the defects by the constructive framework analysis of the existing criminal psychiatricappraisal system. In the fourth section, we mainly summarized the analysis and research of preceding part of the papers, and put forward to feasible suggestions for improving our criminal judicial psychiatric appraisal system.