Construction Of Criminal Procedure Psychiatric Identification Lien System

Criminal cases involving people with mental disorders have special characteristics in criminal proceedings in various countries.In 2012,the second revision of China's Criminal Procedure Law added mandatory medical procedures and temporary protective restraints for mental patients,and the Criminal Procedure Law of 2018 follows these two provisions.but the two mainly emphasized It is the prevention of the risk of mental patients,but does not pay attention to the problem of the protection of personal freedom and rights in the process of mental identification.The accused person lacks the status of the subject in the investigation process.The psychiatric identification system is in China.There is a legislative gap in the law.Therefore,in order to demonstrate procedural justice and safeguard the legitimate rights of the parties,this paper aims to explore the construction of a psychiatric identification lien system in line with China's actual national conditions,highlighting the basic values of human rights protection in criminal procedure law.The introduction introduces the purpose and significance of the topic,the academic research at home and abroad,the research methods and possible innovations.The first chapter firstly defines the basic meaning of the lien,and then clarifies the connection and difference between it and the psychiatric identification and compulsory medical procedures,which makes the scope of the research more clear.Finally,it emphasizes the important value of the psychiatric identification system.The second chapter aims to explain the practical needs of the construction of the psychiatric identification lien system in China and the legal soil that can exist,and carry out the necessity and feasibility analysis.The third chapter mainly compares the relevant legislative cases of extra-territorial rule of law countries,especially Germany,Japan,Taiwan and other civil law countries and regions,and then summarizes the useful enlightenment that can be used to establish and perfect the lien system in China.The fourth chapter draws on the above-mentioned extraterritorial mature experience,firstly identifies the basic legislative principles when the lien system is constructed in the future criminal law of China,and then elaborates on the content design of the system,including the identification of the lien.Determining the organs,the necessity situation,the object and purpose of implementation,the duration and effectiveness of the retention period,and finally the specific legislative proposals for the next amendment of the Criminal Procedure Law of China.