A Study On The Start-up Of Criminal Judicial Expertise Of Mental Disorder

Criminal judicial appraisal of mental disorders is an important link in criminalprocedure, it’s also an important method and means in finding out the facts of cases,it’s related to the confirmation of criminal capacity, and it’s the inevitable demand ofprocedural justice and human rights safeguard. Therefore, it should receive enoughattention in the course of legal proceedings. The starting procedure of Criminaljudicial psychiatric appraisal is the premise and key to achieve above goals. However,there are many problems in the starting procedure of Criminal judicial psychiatricappraisal in China, that is, laws explicitly stipulate that public security organs,procuratorial organs and judicial organs have the power of decision to start theprocedure of evaluation, while the parties neither have rights to start the appraisalprocedure nor apply the initial appraisal. At the same time, the procedure of startingthe appraisal by the public power is lack of supervision and restriction, so it has raisedcontroversy and doubt over and over again. This thesis tries to find out the mainproblems that exist in the starting procedure of the appraisal and analyze the mainreasons that cause these problems through analyzing the current situation of thestarting procedure of the criminal judicial psychiatric appraisal in our country, thenpropose some conceptions on perfecting our country’s criminal judicial psychiatricappraisal on the basis of comparing the judicial appraisal in the two law systems, andcombining the litigation mode and judicial practice in our country.This thesis is composed of five parts.The first part is introduction. This part tries to elicit the topic by brieflyintroducing the problems existed in Qiu Xinghua Case and Zheng Minsheng Case. The second part is the first chapter. This chapter falls into three paragraphs,pointing out the problems exist in the appraisal and the reasons cause these problemsthrough introducing laws and rules on psychiatric appraisal.The third part is the second chapter. This chapter falls into four paragraphs,comparing and using for reference from the two starting modes by inspecting on theIntroduction, a brief introduction of “Qiu Xinghua” case and “Zheng Minsheng” casewhich have problems with judicial expertise, then elicit the topic.Chapter1includes three subsections. Introduce criminal judicial expertise ofmental disorders, laws about the Start-up of criminal judicial expertise of mentaldisorders, the analysis of the status with the Start-up of criminal judicial expertise ofmental disorders, pointed out the main problems and the causes.Chapter2includes four subsections. The judicial officer starting system in thecivil law countries, and the party-domination starting system in the common lawcountries are inspected. These two judicial expertise starting systems will becompared and affords us lessons.Chapter3includes four subsections. Put forward the idea of the Start-up ofcriminal judicial expertise of mental disorders of our country. Respectively areexpressly gives the application right for the first judicial expertise to theparties,refine the conditions for judicial expertise starting systems, set up obligedcriminal judicial expertise starting systems, add relief approach in legal processes.Conclusions, a general summarization of the entire paper.