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Research On The Problem And Perfection Of China's Criminal Judicial Psychiatric Appraisal

Posted on:2017-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:P C LiuFull Text:PDF
GTID:2336330503987715Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal judicial psychiatric appraisal is an active that send the medical problems involved in the criminal proceedings to the expert who have professional knowledge to judgment, identification, evaluation and provide an expertise advice. It is important for the protection of criminal suspects and defendants' human rights, realization of procedural justice and litigation efficiency. But as matters stand, our country's Criminal judicial psychiatric appraisal system also has many deficiencies which need to be improved. First of all, in the initial steps of identification, the problem of "difficult to start" is outstanding,and the phenomenon of "repeated identification", "supplementary identification" are rampant. At present, there are two kinds of startup mode around the world, the " party-ism" startup mode of Anglo-American law system and the "writ doctrine" of continental law system, Although there are many differences between them, but they all try to maintain the balance of prosecuting right configuration between defending parties. In the future, we should also expand defender's right in the initial steps of identification, and limit ‘repeat identification' ‘supplementary identification' reasonable. Secondly, in the management system of appraiser, appraiser is still very low barriers to entry, the qualification review mechanism is chaos. Through the study of foreign law we can be found that, no matter civil law "legalism" management mode or common law " voluntarism " management model, both based on appraiser "capability Qualified", through prior conditional identification and afterwards review to ensure the level of appraiser. In this regard, we can try to limit the eligible of appraiser from multiple aspects, building a unified expert professional qualification examination system and vocational training and examination system, to strengthen the building of appraiser team. Finally, on the appraisal opinions review, the judge over-reliance on expert opinion, appraisal opinions of cross-examination tend to be "formal", the right of judge to certification exists unreasonable assignment. We can draw lessons from the review mechanism of appraisal opinions of two law systemsappropriately, setting up cross-examination program for appraisal opinions, introducing the Open procedure before court for appraisal opinion, refining the certification program for appraisal opinion, e in order to ensure the appraisal opinions get fully review.
Keywords/Search Tags:criminal proceedings, The judicial psychiatric appraisal, Study of comparative law
PDF Full Text Request
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