On The Perfection Of The Psychiatric Examination Of The System Of Criminal Justice In China

As laws are more tending to protect human rights nowadays, it has been the general trend for using death penalty carefully all over the world, while the medical verification of mental illness in criminal procedure is undoubtedly an effective way to cutting down death penalty. As a crucial step of criminal procedure, enough emphasis should be laid on the medical verification of mental illness. However, there exist a good many of problems in the present the medical verification of mental illness in criminal procedure of our country, which demand prompt solutions. This paper talks about the start procedure of the medical verification of mental illness, the quality of experts and how to question expert conclusions in court. Moreover, based on the comparison of two legal systems and the beneficial experience from foreign countries, this paper makes an outline of reconstruction for the medical verification of mental illness in criminal procedure of our country.This paper includes five sections:Introduction, it briefly describes the whole story of the"qiuxinghua"case which caused a stir nationwide in 2006, and introduces the topic of research.Chapter 1 includes three subsections. It gives a complete analysis on the current situations and drawbacks of the start system, the quality of experts and the procedure of cross-examination respectively.Chapter 2 includes three subsections. It analyzes and compares the start system, the quality of experts and the procedure of cross-examination between two legal systems.Chapter 3 includes 4 subsections. Subsection 1 investigates the theoretical foundation regarding how to perfect the medical verification of mental illness in criminal procedure of our country; the following three subsections respectively propose the blueprints of the start system of the medical verification of mental illness, the quality of experts and the procedure of cross-examination in our country.Conclusions, a general summarization of the entire paper.