The Construction Of Psychologist-patient Privilege In Our Country

All the time, judicial justice is the only value that the procedural law and theevidence law pursuit. However, in the value of pluralistic society,only pursuit judicialjustice will damage some more important social benefit. Therefore, the procedural lawand the evidence law should turn to pursuit the diversified valve,which can maintainjudicial justice and give consideration to other social valve. Establishing psychologist—patient privilege is the concrete embodiment of the procedural law and the evidence lawpursuit the diversified valve. Under the guidance of utilitarianism and right of privacy,psychologist—patient privilege weighs repeatedly the patient’s benefit、 thepsychologist’s benefit、the social benefit and judicial benefit and make the benefit of allpatties maximize.The United States have the most perfect psychologist—patient privilege system,notonly every state have formulated psychologist—patient privilege system,but also theabundant cases make psychologist—patient privilege identify and develop constantly.Inaddition,Taiwan and Macao of China also formulated psychologist—patientprivilege,which provides a good reference to our country.There is no psychologist—patientprivilege in the mainland of our country,in view of maintaining the patient’s benefit、thebenign development of psychologist—patient privilege and the social health and peace,weshould construct psychologist—patient privilege on the legal aspects in our country inorder to give psychologist the right of rejecting to testify,which is the need of perfectingthe legal system and promoting the legal system construction.For this reason,we shouldconstruct our psychologist—patient privilege in the substantive and procedural aspects,theconstruction of the substantive aspect consists the psychologists、the patient、the rightadvocates、 the scope of application and the exception of psychologist—patient privilege,the construction of the procedural aspect consists the notification procedure、theapplication procedure、 the review procedure and disclaim psychologist—patientprivilege.On this basis,to specific psychological occupation moral and occupation rules andfurther improve the system of criminal disclosure is necessary.