On The Judicial Application Of Psychiatric Appraisal System

Recent years, the case of mental patients’ trouble making take place frequently, which leads to people have a stronger interest in the judicial neurosis appraise the system. Presently, the rate of mental illness is increasing sharply in the world, especially our country. While, the soul of judicial, to protect our peoples’ rights, asks us to find the solution to solve these problems from judicial program absolutely. The paper almost consist of five parts: the first part is introduction, which includes the research background and the meanings of the article along with the suggestions proposed by predecessors to solve these problems; the second part, to review the two cases of Qiu& John Hinckley, then discovered that the below questions in the judicial application: the party has no rights to start the judicial psychiatric appraisal program; the number of accrediting body is many and the qualification of it is diverse, the psychiatric assessment itself is subjective and experiential, along with there is no one and only standard to identify mental illness, which make expert opinions are diverse; in order to avoid bearing legal liability, criminal suspects, defendants who are not mental patients regard themselves as mental patients, or by their near relatives; the opinions given by the appraisers who identify mental illness always judge mental patients’ ability of criminal liability finally; the measures of housing and treating are insufficient after these people are identified as mental patients by judicial program. The third part, the writer think that the complexity, the subjectivity along with the experiential of neurosis appraise the system are the reasons why we could not offer the one and only, the most scientific qualification standard for the mental illness assessment by analyzing the reasons produced by the judicial application of the criminal neurosis appraise the system; by introducing and analyzing our country’s rules and practical experience on judicial neurosis appraise system, includes Taiwan and Hong Kong areas’, as well as America’s, Japan’s, Germany’s and Russia’s, the author find that they are not perfect and standard enough to deal with these things made by mental patients; however, the value of neurosis appraise the system exists demands us to pay more attention with our whole social power and resource. Thus, in the forth part of this paper, the author think that we should learn America mental health court, to integrate the resource of society and judicial of our country to establish the court of mental health, to cure the people who made trouble but did not bear legal liability, to take their human being back to themselves and home finally.