| The appraisal of mental disorders in this article refers specifically to the judicial appraisal of mental disorders carried out by suspect suspect in our country,that is,the professional judgment made by the legal process,including the comprehensive knowledge of law,psychiatry,psychology,behavior and sociology,and the opinions of the criminal suspect’s mental state and criminal responsibility according to the regulations.The significance of punishment lies not only in punishment,but also in prevention and education,so as to fundamentally promote social harmony and stability.Our country’s legislation has stipulated the suspect’s mental disorder appraisal procedure,and has initially established the mental disorder appraisal system which is consistent with the national conditions.Its direct purpose is to protect the fundamental rights and interests of the criminal suspect,and the fundamental purpose is to fight for private rights under the harsh public power.Therefore,it fully embodies the principle of the adaptation of crime,responsibility and punishment,highlights the modest spirit of criminal law,and highlights the respect for the protection of human rights.In the judicial practice of the identification of mental disorders in criminal suspect,there are still problems such as unclear definition of the duties of judges and judges,low degree of smooth identification,the need to strengthen the judgement of criminal responsibility,the examination of appraisal opinions and the lack of standard of admissibility.We need to perfect the appraisal system of mental disorders of suspect suspects and further play the role of appraisers and judges.Strengthen the institutional design of identification start-up,improve the accuracy and credibility of the judgment of criminal responsibility ability,improve the review and acceptance system of identification opinions,improve the criminal trial supervision mechanism of mental disorder identification,and reasonably connect the criminal compulsory medical system.In order to improve the legal regulation of the suspect’s mental disorders,we should put on the "magic inhibition" for the correct application of the penalty,and "safety valve" for the protection of the rights and interests of citizens. |