Research On Criminal Psychiatric Judicial Appraisal System Of China

Through in-depth study of China's Criminal Judicial Psychiatric Appraisal system of the status quo,this paper discussed and studied the outstanding problems in this system.On the basis of comparing the judicial expertise in both civil law system and common law system,and absorbing the useful experience of foreign legislation,the reconstruction framework and ideas of China's Criminal Judicial Psychiatric Appraisal system would be put forward by this article,and corresponding improvement measures be proposed.This paper is divided into four parts,the first part expounds the basic theory of the Criminal Judicial Psychiatric Appraisal system.In the second part,taking the meaning and legal provisions of the Criminal Judicial Psychiatric Appraisal as the logical starting point,and taking the different sectors of Criminal Judicial Psychiatric Appraisal as the baseline,we summed up the main practices in judicial cases in the identification of mental diseases under the current identification system in China.We discussed in detail from four aspects to find out the existing problems and disadvantages of Criminal Judicial Psychiatric Appraisal system,namely,appraisal subject,start of appraisal procedure,mental patients 'capacity of criminal liability,appraisal conclusion,examination and acceptance by public security and judicial staff.In the third part,in order to provide reference for the reform of the Criminal Judicial Psychiatric Appraisal system,we took a broad view of the legislation and practice of the Criminal Judicial Psychiatric Appraisal system in the continental law system and the common law system,discussed the advantages and disadvantages of the two legal systems,found two systems which can be used for reference in the four aspects of the problem mentioned above.Meanwhile,we put forward feasible suggestions to improve our Criminal Judicial Psychiatric Appraisal system combining the analysis and research above in the fourth part.