Research On Psychiatrist's Right To Refuse Proof In Criminal Proceedings

Psychiatrist is a new profession.There is no regulation on the right of refusing Certificate in our country.This leads to the fact that in such cases,the basic rights of psychiatrists and patients can not be guaranteed.We need to better construct and improve the legislation,procedure selection,and practical protection of the basic rights and interests of patients and psychiatrists,so as to endow them with certain rights to compete with public power,so as to achieve the relative balance of the strength of litigation.At present,there are rudiments of "lawyer’s right of refusing to testify" and "relative’s right of refusing to testify"in our country’s law,but the legal provisions on the right of refusing to testify of psychiatrists are blank,and the academic circles also hold different views on whether to establish the right of refusing to testify of psychiatrists.Many foreign countries have set up this system.By absorbing some foreign values,this paper aims to establish the positioning of the right of refusing to testify of psychiatrists,endow the right of refusing to testify of psychiatrists and patients with certain restrictions,which is not only conducive to the protection of the legitimate rights of witnesses,but also conducive to the sound development of evidence law,and the rational use of judicial resources,We should effectively crack down on crimes and give full play to the significance and value of the right of refusing to testify.The author first analyzes the legitimacy of the right to refuse to testify by a psychologist,and then introduces the United States and Germany,which have developed relatively well.The hope is that we can draw on the essence part of it to better use it for our country,and finally put forward the author’s own views and suggestions on the construction of the right to refuse to testify by a psychologist,hoping that it will help’ the development of the right of refusing to testify in Chinese psychologists.This paper is divided into four chapters.The first chapter is a brief introduction of the concept and characteristics of the right of refusal of psychiatrists.The relationship between psychiatrists and patients is different from that between ordinary doctors and patients.Different countries have different regulations on the legislative expression of psychiatrists.This chapter analyzes some basic concepts and introduces the right of refusal of psychiatrists,To clarify the concept and development history of the right of refusal of psychiatrists in China.The second chapter is to analyze the current and feasibility of the privilege of refusing to testify.This paper makes a brief analysis of other existing witness’s right of refusing to testify,hoping to draw elements from it,so as to facilitate the establishment of the system of the right of refusing to testify of psychiatrists in China.The third chapter mainly introduces the experience of comparative law.Although there is no such provision in our country,in today’s society,many countries,whether in the common law countries or the civil law countries,have explicitly stipulated this system.Through the analysis of foreign countries(such as the United States of common law system and Germany of civil law system),this chapter analyzes from the legislative background to its specific legal provisions,so as to provide reference for our country’s psychiatrist’s privilege of refusing to testify.The fourth chapter is a system conception of our country’s psychiatrist’s privilege of refusing to testify.This chapter introduces the specific system conception of the privilege of refusing to testify of the psychiatrist,and expounds the subject of the right,the scope of the validity of the right,and the application procedure of the right.