| In recent years, China’s Criminal cases increased dramatically, especially in cases of violence triggered by the mental patients, causing a heated discussion among the scholars and the general public. Like most countries in the world, human rights of mental patients are paid high attention to in China. According to criminal law in China, the criminal responsibility of the mental patients has been divided as follows: full of the criminal responsibility, limited criminal responsibility and none of the criminal responsibility. According to the identification to which class of mental patients belongs, the correct trial will be given. The Medical Verification of Mental Illness is an effective remedy after the mental patients commit a crime. In serious cases, the defendant’s relatives or advocates often take advantage of the application for the Medical Verification of Mental Illness to defend the accusal. But the Medical Verification of Mental Illness in Criminal Procedure in China is not perfect. There are also some inadequacies in the startup procedure, the qualification of experts, and the procedure of cross-examination. Due to the deficiencies in the system, the Medical Verification of Mental Illness in Criminal Procedure is usually abused to escape the punishment from the law. Therefore this study is being questioned by a lot of people. This dissertation is written to give an introduction of current situation about domestic and foreign Medical Verification of Mental Illness in Criminal Procedure. By studying and using the two legal identification systems for reference and combining realistic needs, this essay can provide some suggestions for the improvement of the Medical Verification of Mental Illness in Criminal Procedure in China.The contents of this dissertation is divided into three parts:The first part is the preface of the dissertation,which introduces a case and elicits.The second part is the main section, of which content is divided into four chapters:Chapter 1:The value of the Medical Verification of Mental Illness in Criminal Procedure in China, including the attribution to clarifying the truth of law case, the fairness of Administration of Justice, the improving efficiency of lawsuit, preservation of human rights, and the maintenance of social stability.Chapter2:The current situation of the Medical Verification of Mental Illness in Criminal Procedure. This chapter mainly introduces the regulations related to the Medical Verification of Mental Illness in Criminal Procedure, including startup system, identifier qualification and cross-examination of expert opinion, etc. By introducing and comparing these two genealogies of law, the analysis on the difference in terms of relevant legal provisions will be made.Chapter 3:The flaw of the Medical Verification of Mental Illness in Criminal Procedure. This chapter mainly identify the problems occurred in the fields of startup system, identifier qualification and cross-examination of expert opinion, etc. The issues of startup system includes the difficulties at startup, unnecessarily repetitive identification; As for identifier qualification, the lack of strict standards for judicial appraisers and of responsible application for extension of identifier qualifications are made of the main problems. In the fields of cross-examination, the problems of the lack of public procedure in advance of trial as well as unreasonable inquiry method and ignorance of appraisers’appearance at court should be paid attention to.Chapter 4:The perfection of the Medical Verification of Mental Illness in Criminal Procedure in China. This chapter offers some advices for solving the problems that have been mentioned above by referring to the Medical Verification of Mental Illness in Criminal Procedure of these two genealogies of law and the current situation of China. Through empowering defense the primary right and restriction of judge’s decisive right upon startup, the benefits of both parties involved will be balanced. To assure the good qualification of judicial appraisers, the entrance standards should be raised. Meanwhile training and regular inspection are also necessary. Perfect the cross-examination system by introducing disclosure procedure in advance of trial and cross inquiry.The third part is conclusion which will give a general summarization for the dissertation. |
