Study On The Medical Verification Of Mental Illness In Criminal Procedure

The medical verification of mental illness is the general term of the rules, regulations and institutions standardizing judicial evaluation in accordance with relevant laws, therefore it is undoubtedly affected by judicial evaluation. The present medical verification of mental illness of China cannot meet the demand of practical the judicial practice.In Civil Law Legal System, judicial evaluation is commonly regarded as judicial power---the experts function as Judiciary assistants, and the judges have absolute control over the start-up right. The experts should possess certain qualities and meet certain access requirements, while compulsory medical treatment belongs to public security punishment system, with a fundamental aim to prevent the mental patients’ second endangering action to the society, to heal their mental illness, and to avoid harm to themselves.The countries of Common Law Legal System adopt the two-party adversary system, which emphasizes the two parties’start-up rights. In conducting proceedings, the prosecution and the defense both have equal status, and there are no special requirements and restrictions on the identity of the experts, making the experts’status and right same as the witnesses. Therefore, this principle of the experts is also known as the quality of indefinite principle. Those experts of the countries of Common Law Legal System are known as "professional witness". As to compulsory medical treatment, the guilty and sick mental law-offenders are sent to prison or a psychiatric hospital, and the parole system is improved for mental disorders.China’s criminal judicial psychiatric expertise, to identify the main provisions of the right to start in1996"The Criminal Procedure Law " and relevant laws and regulations, Compulsory medical system stipulated in "The criminal law " article18and2012" The Criminal Procedure Law " article284to article289.of the fourth chapter.There exist such problems in start-up right and indentification of subject system of China’s criminal judicial psychiatric evaluation and compulsory medical treatment:the start-up right of the medical verification of mental illness is determined completely by judiciary organs, while application of the parties is not the necessary procedure of evaluation; criminal judicial psychiatric evaluation puts higher professional requirements in medical professionalism, while at present the judiciary does not have the expertise of mental illness research; qualification review of judicial experts is too loose and qualification conditions as well as the regulations for judicial expert are too general; Compulsory medical legal regulations and practical need of disconnection, applicable object of narrow and lack of legal system.With the implementation of the Criminal Procedure Law in2012, the start-up right of criminal judicial psychiatric evaluation, indentification of main body and the practice of compulsory medical treatment in our country need to be observed and some issues need to be reformed. The start-up right would be constructed from two parties’ equal enjoyment of the start-up right of criminal judicial psychiatric evaluation to the judges’enjoyment of negative initial indentification of the right to start and to the appraisal right of decision to the establishment of technical consultants; indentification of main body would be solved from elective conditions and strict qualification procedures of experts of the medical verification of mental illness; the practice of compulsory medical treatment would process towards additional confirmation procedures of responsibility and capability, and elaborate formulation of procedure rules and protection of legal rights of the mental patients.