A Study On Forensic Examination Of Mental

Now,issues of Forensic psychiatric field has always been very susceptible to the enthusiastic attention of public opinion.From the "Qiu Xinghua case" to "Yang Jia case",or from the "Hangzhou Sports Lottery murder case" to "Lijiang tour guide serious injury case",the mass media and public opinion on whether the defendant has mental illness and whether the criminal Responsibility capacity questioned.At the same time,in the criminal justice field,due to the limitations of the forensic psychiatry itself and its special procedural characteristics,in addition to the relevant provisions of the law is not complete,clear,resulting in the application of mental illness in the process of judicial identification Facing to various difficulties.China's "Criminal Law" clearly stipulates that the criminal proceedings involving mental illness in the determination of the problem,the need to "through legal procedures" to confirm,so that the reason is that on the one hand,the judicial identification of mental illness needs by the identification of qualified psychiatric The medical expert conducts medical diagnosis of the person being identified and needs to judge the effect of psychiatry on the identification or control of mental illness.On the other hand need to use the legal system of mental illness identification of this system to resolve the criminal responsibility of the size of the judge,the existence of legal issues.China's current stage of psychiatric identification system has not yet with China's criminal litigation system and evidence system effective convergence,so its application in practice controversial,easily lead to differences between the views of the parties to the prosecution,and even cause public dissatisfaction with the judiciary,Resulting in the identification of psychiatric problems identified into a system of public opinion and theoretical experts condemned the public criticism.In this paper,we selected 20 controversial cases involving forensic identification of mental illness,the specific identification of the problem and the analysis,summed up the common problem,and then explore the way to solve these problems.The first part of the thesis summarizes the problems in the field of judicial identification of mental illness in China.The second part is the theoretical analysis of the above problems.The third part of the thesis gives the way to solve the above problems.