Research On Psychiatric Identification System In Criminal Procedure

As a threshold for determining the criminal responsibility of patients with suspected mental illness,psychiatric assessment plays an important role in criminal proceedings.However,a series of frequently-occurring cases of suspected mental patients’ crimes in the society reflect the deficiencies of the psychiatric appraisal methods,the qualifications of appraisers,and the review and acceptance of appraisal opinions,which make the psychiatry itself scientific and mental The authority of the appraisal system has been questioned,causing this special system to solve criminal responsibility capabilities to become the focus of expert debate and public opinion questioning,which has triggered people’s real role in how to build and improve the mental illness appraisal system.Deep thinking.It is necessary for us to sort out the basic theories of the psychiatric appraisal system,and set our sights on other countries and regions.In judicial practice,issues such as the way in which the psychiatric appraisal system is started,the qualifications of appraisers,and the review and acceptance of appraisal opinions are inherently related.The improvement of the psychiatric appraisal system should be based on these issues.Specifically,the paper analyzes according to the following logical framework:The first chapter is the basic theory of psychiatric identification system in criminal proceedings.First of all,this chapter uses relevant legal provisions as a baseline to explain concepts closely related to the psychiatric appraisal system such as “criminal responsibility”,“mental illness”,and “psychotic appraisal” to frame the research scope of the article and build a common knowledge platform.Secondly,comparing the psychiatric evaluation with other general judicial evaluations,we get the more prominent characteristics of psychiatric evaluation-the psychiatric evaluation process is retrospective,the psychiatric evaluation method has more limitations,and the psychiatric evaluation results are too subjective.These characteristics It has also become an important factor restricting the development of the psychiatric identification system.Thirdly,it introduces the theoretical basis of the psychiatric identification system and its significance in criminal proceedings,and further demonstrates that the system is reasonable and necessary.The second chapter examines the psychiatric identification system in extraterritorial criminal proceedings.This chapter compares and analyzes the legal requirements and judicial practice of psychiatric appraisal methods,appraisers’ qualifications,and appraisal and acceptance of appraisal opinions in common law countries and civil law countries.In terms of the method of activation,the parties start-up system in Anglo-American law countries is conducive to the realization of procedural justice,and the law-enforcement system in civil law countries is conducive to the realization of substantive justice.In terms of appraisers’ qualifications,both legal systems require that strict review to ensure the reliability of appraisal opinions;in the review and acceptance of appraisal opinions,countries in the common law system in the United States and the United States do not have too many regulations in this regard.The judge’s qualifications and testimony of expert witnesses as “gatekeepers” The review was conducted,and the jury reached its inner conviction under the guidance of free testimony and decided whether to rely on expert testimony.In civil law countries,appraisal opinions,as an important tool for judges to judge cases,are given more trust.Regarding the psychiatric appraisal system of the two major legal systems,we cannot take a single standard to judge the pros and cons.We should consider how to “choose the good ones and follow them” on the premise of truly grasping the background and mechanism.The third chapter analyzes the status quo and problems of the psychiatric identification system in China’s criminal proceedings.In the psychiatric appraisal system,the starting method determines how the psychiatric appraisal is carried out,the qualification of the appraiser determines the quality of the appraisal opinion,and the review and acceptance of the appraisal opinion determines the correctness and authority of the referee result.These three aspects constitute the core content of the psychiatric appraisal system.Therefore,this chapter summarizes and summarizes the relevant legal norms,outlines the current situation of the legal normative level of the psychiatric appraisal system in China,and analyzes and summarizes the resulting practical problems.In terms of the method of initiation,the public security and judicial organs decided to initiate according to their powers.However,the provisions of the initiation conditions are not clear.Once the party’s application is rejected,there is no remedy.In terms of appraiser qualifications,many cases of repeated appraisals and false appraisals reflect the appraisers.The competence and quality are not uniform,and they point directly at the appraisal qualifications and review mechanism.In terms of review and acceptance of psychiatric appraisal opinions,there is no clear division of authority between judges and appraisers.At the same time,the cross-examination of psychiatric appraisal opinions is insufficient.The fourth chapter is a proposal to improve the psychiatric identification system in criminal proceedings in China.Based on the research in the first three chapters,this chapter puts forward feasible suggestions for the psychiatric identification system in China,combining the principles and applicable background of the psychiatric identification system in China and other countries.In the starting method,the parties should be clearly given the right to apply for the initial appraisal,and the starting conditions should be clearly specified.Based on this,the parties’ right to apply is supplemented by a supporting relief system to optimize the way of starting a mental illness appraisal;In the past,strict admission standards and qualification review systems should be established to strengthen the team building of expert appraisers.In the review and acceptance of psychiatric appraisal opinions,judges should take the lead in assessing criminal responsibility capabilities and strengthen appraisal opinions of appraisers and experts to attend court Effective cross-examination,establish a reasonable division of labor and cooperation mechanism between judges and appraisers,and help courts understand science and make correct decisions.As a result,the psychiatric appraisal is truly applied in criminal proceedings,reflecting its due role and value.