Over the years, the spirit of the criminal justice of our country, one of the most prominent problems, is to identify the problem of starting difficult. There are two main aspects:the first is the lack of the starting system, the imbalance of power and rights, the lack of protection of the rights of the parties, and the two is the contradiction of the practice. From the perspective of theoretical foundation of the criminal justice system, and through the comparison of foreign legislation, we can see that the reform of the criminal justice system has become an important issue in our country’s judicial system reform. To improve our criminal justice system, we should start from three aspects:first, the "mental disorder" instead of "mental illness"; the two is the rational allocation of judicial power; the three is to increase the degree of expert assistance, in order to make useful thoughts for the criminal justice system. |