The Analysis Of The System Of Criminal Judicial Psychosis In China

The identification of mental diseases in criminal justice has a significant impact on the outcome of criminal cases,especially the death penalty cases including homicide and robbery,so far as to the appraised individual's life or death.In recent years,cases committed by suspected mental diseases are still common,which have attracted great attention and constantly triggered social buzz.In view of this,the mandatory medical procedures for mental patients who are not criminally responsible are first written into the Code of Criminal Procedure and implemented in 2013.Although this system has perfected and consummated the follow-up procedure of the crimes of mental patients,it can't be denied that there are still many shortcomings in the identification system of mental diseases in criminal justice in China.In addition to the introduction,this paper is divided into three parts:The first part starts with the identification system of mental diseases in criminal justice,and proceeds with the basic knowledge including the concept and characteristics of the identification of mental diseases in criminal justice and the theoretic basis,laying the foundation for the following discussions.Through the method of comparing the pros and cons,the second part elaborates on the current system and its positive significance in China in a positive aspect.Then it proceeds with defects in the aspects of the decision power,the management system and the rights of the litigant participants of the current system in China.The third part,as well the focus of this paper,via the analysis of Chinese and foreign psychiatric identification systems,sets forth the suggestions to perfect the identification system of mental diseases in criminal justice from four aspects,including strengthening the supervisory control of judicial authorities' decision power of the psychiatric identification,improving the identification system of mental diseases in criminal justice and promoting the litigant participants' litigant,looking forward to improving and perfecting the identification system of mental diseases in criminal justice in China.