Research On Criminal Forensic Psychiatric Expert Conclusions Cross-examination Mechanism

In our criminal procedure, forensic psychiatric expert conclusion is an important evidence related to the conviction and sentencing of the identifier. The probative force of the criminal forensic psychiatric expert conclusions needs to be reviewed by court and also needs mutual cross-examination by the prosecution and the defense, which is a legitimate and essential procedural safeguard to help reflect the impartiality of the proceedings. However, in our criminal procedure, the cross-examination procedures of the forensic psychiatric expert conclusions are seriously a mere formality, which not only couldn’t guarantee the fairness of the case and decisions, but also is a serious threat to China’s criminal justice credibility and authority.Through reviewing in the Hangzhou Lottery homicide case, which is missing the substantial cross-examination of the forensic psychiatric expert conclusion, this paper gives rise to the concern to the formalized cross-examination of the forensic psychiatric expert conclusion of our criminal justice.The reasons why our forensic psychiatric expert conclusions cross-examination is in formalization is the lack of legal and security systems in the cross-examination of our criminal forensic psychiatry expert conclusions and the professional barriers in the field of cross-examination. On the basis of foreign experience, the author tries to build attempts to build China’s confrontation mechanism about the forensic psychiatric expert conclusion, which should be suit for China’s Judicial Practice. This article thinks deeply on how to improve the administration management system of forensic psychiatric experts;how to build the system that the forensic psychiatric expert witness to appear before the cross-examination; third, how to build the system of "Psychiatrists auxiliary"; fourth,how to improve the cross-examination procedures of the forensic psychiatric expert conclusions,and do some feasibility analysis,in order to improve the cross-examination process of forensic psychiatric expert conclusion.