On The Perfection Of Judicial Psychiatric Appraisal System In China From The Perspective Of Appraisal Organization

From The Qiu Xinghua Homicide case shocked the nation in 2006 to Luo Chuan Abusing Children case in2015, the modus operandi of criminals are very brutal. The public and medias feel anger for these people. So involved judicial mental diseases identification make these case sensitive. How to promote the stability and credibility of judicial mental diseases identification not only related to set up judicial authority, but also influence the harmony and stability of society. This article will seek a blue print which can drive the procedure of mental diseases identification judicialization gradatim and the way of perfecting infrastructure with identification institution.This article is divided into four parts, the main goal is to research how to promote credibility and probative force of judicial mental diseases identification. From the identification institution angle, analyze the cause of instability and poorly credibility of the expert conclusion of mental diseases identification and the problem of actual operation. For these issue, I will combine our country’s conditions put forward the plan which can fit judicial mental diseases identification institutional reform and perfect. The first part, I will start with expert conclusion, from its character, profession and particularity,to state mental diseases expert conclusion as a special kind of testimony important to judicial proceedings. In addition, from the important to research legislation, judiciary and judicial mental diseases identification reform angle, to analyze mental diseases identification’s significance. The second part is to sorted out laws, regulations and professional standard that associated with mental diseases identification. Analyze the problem of laws and regulations, and hidden danger of lack of legal psychogenic standard. The third part is base on author’s field investigation, in terms of material of identification, site of identification, identification institution, procedure of identification and identifier to analyze judicial mental diseases identification running conditions and problems at present. As the important part of this article, the third part analyze the material’s change, limitation of place and the problem of proceeding of identification direct effect on expert conclusion in microcosm. And state relations between qualification and grading of identification institution and chaotic phenomenon of identification, and basic examiners’absence, short of legal literacy have indirect effect on expert conclusion. The last part, will base on the problems of previous two parts, from the material, site, institution, procedure and identifier angle, to discuss how to propel our country judicail mental diseases idenfication’s perfection on infrastructure, policy, social concept and most important judicial system plane.