A Research On The Criminal Identification Detention

The provisions regarding to mandatory psychiatric medical treatmentshave been established for the first time in the newly amended criminalprocedure law, meanwhile, the relevant psychiatric identification proceduresalso have been established. However, the detention as intermediate ofarticulation system has not been pay attention to.The blank of legislation on itleads the abuse of identification detention in the legal practice.In order toprotect human rights, this thesis bases on the study of the identification andpromotes the relevant legislations on the indwelling for identification. Throughthe perspectives of theoretical and comparative studies, this thesis identifiesthe necessity and the feasibility of the identification detention, as well as givessuggestions to the system of the identification detention.The first part of this thesis defines the concept and nature of theidentification detention, as well as compares identification detention,compulsory forensic appraisal and psychiatric compulsory medical.The second part of the thesis describes the necessity and feasibility ofidentification lien in China. The necessity discourses from criminal accused’sdanger and possibility of re-offending protection of human rights and theparticularity of the forensic psychiatric appraisal.The third part of this thesis is on the inspection identification lien incontinental jurisdictions. The inspected countries and regions are Germany,Japan and China Taiwan Region, and their characteristics are analyzed.The fourth part of the thesis envisages the construction of identification lien by giving suggestions on legislation， principles and the specificprocedures.By referring and comparing the theories, legislations and practices of theindwelling for identification of other jurisdictions,and the analysis of the currentsituation of China, this thesis endeavors to build China’s identification of liensystem.