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Research On Starting Hearing Of Criminal Psychiatric Appraisal

Posted on:2020-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:X H XuFull Text:PDF
GTID:2416330578960968Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Start-up is one of the key links in psychiatric appraisal of criminal offences,There are different opinions on the concept of the right to start.Some scholars believe that the right to start criminal psychiatric expertise is the right to entrust psychiatric expertise.Who can entrust psychiatric appraisal organs and psychiatric appraisers with the right to obtain evidence for appraisal.Other scholars believe that the right to initiate criminal psychiatric expertise refers to the right of participants in criminal proceedings to propose expertise items and determine the qualifications of expertise.Essentially,it is the question of who has the right to put forward appraisal and decide who to appraise.Whether criminal suspects need to bear criminal responsibility is closely related to the expert opinions of criminal psychiatric expertise in China.It is of great significance to criminal trial.In the current process of criminal psychiatric expertise,the parties have no right to initiate psychiatric expertise.It is only when the judicial organ has not initiated or doubted the expert opinion of the expert body.Can apply for supplementary appraisal and re-appraisal.Legislation also focuses on the relevant provisions of the Public Inspection Law on the initiation of psychiatric expertise.In practice.In view of the pressure from the judiciary to solve the case,the judicial organs are not willing to start.However,the conclusion of appraisal after initiation leads to multiple supplementary appraisal and repeated appraisal due to the unconvincing of the parties.The waste of judicial resources also has a serious impact on social harmony.The controversial start-up mode of criminal psychiatric expertise makes it difficult to the expertise procedure in practice.After the author's analysis and arrangement.It was found that behind the repeated reappraisal and supplementary identification confusion.The key lies in the absence of the right to apply for appraisal.So in order to mitigate and even solve the above conflicts.We can try to introduce the hearing system with the characteristics of public form and participation of the parties into the field of criminal psychiatric expertise.Constructing Hearing Procedure for Starting Criminal Psychiatric Appraisal.The scope of the hearing procedure is further limited to applications for initial psychiatric expertise.Because we should standardize the start-up of the specific items of the initial appraisal,the contradictions and disputes between the prosecution and the defense,and the direction of appraisal.The number of repeated and supplementary identification will be reduced.Great savings in judicial resources and costs.To standardize the identification procedure from the source.The current situation of legislation and practice of psychiatric expertise in 2018 in China was analyzed.Combining the relevant hearing system outside the country.On the premise of suiting China's national conditions.Scope of application of hearing procedure?Hearing subject?Distribution of specific burden of proof?The Specific Process of Hearing?And the effectiveness of opinions?Construction of procedural relief.The Hearing Construction of Initial Appraisal.Let both sides of the prosecution and the defense fully state,prove,cross-examine,expound their arguments and exercise their right to debate.In order to achieve fairness and justice,maintain social harmony and stability,and then make a useful discussion for the psychiatric expertise procedure in China.
Keywords/Search Tags:Criminal psychiatric expertise, starting right, public hearing
PDF Full Text Request
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