Study Of The Psychiatric Expertise Of The System Of Compulsory Medical Treatment

Mental disorders are persons can not claim their rights but actually threat socialsecurity, how to treatment mental disorders is an important social concern. Along withthe increased number of people with mental disabilities and the development of thecause of mental health in our country, the problems in the Compulsory Medical ofMental disorders are increasing. China has revised and improved their essential andprocedural elements for involuntary medical treatment in “Criminal Procedure” andrelated judicial interpretation, it appear clear step by step and pay more attention tohuman rights protection. But there are still many problems. Psychiatric expertise isone of the most prominent problems. There are many difficult questions about theappraisal subject, identification procedure and the judicial judgment of expert opinionin the judicial practice. Therefore, the article selects the psychiatric expertise insystem of compulsory medical treatment as the topic. Studying the property and thepurpose about the system of compulsory medical treatment, Studying the characterand the role about the psychiatric expertise, analyzing the psychiatric expertiseincluding two main topics: criminal responsibility and personal dangerousness,analyzing the identification procedure should installed reasonable, especially for theappraisal start and the abuse of two or more different expert opinions, discussing theexpert opinion’s proof capabilities and proof qualifications. This article also has made suggestions of perfecting legislation and judicature on the bases of theory analysesand judicature practice.