Research On Judiciary Trigger Mechanism Of Psychiatric Assessment In China

With the development of economy and law system,the thinking of "rule by laws"gains more and more popularity.The fair and reasonable criminal justice plays an important role in building a socialist country ruled by law,whilst a fair criminal trial is the essence of criminal justice.Law of Criminal Procedure in 2012 added a special procedure called compulsory medical treatment.This procedure stipulates the applied conditions and court decisions of compulsory medical treatment,start up phase of this procedure,respondent's rights for agent and legal aids,and relief way as well as evaluation supervision procedures afterwards etc.Its biggest advantage is the established doctrine of judge reservation or judicial review.The core of compulsory medical treatment in China is judiciary Psychiatric assessment,while judiciary initiation mechanism of Psychiatric assessment could be regarded as a beginning and an important part.Due to the lack of relevant legislation,the initiation mechanism is in need of regime support system.However,whether the criminal suspects should bear criminal liability links closely with the result of judiciary psychiatric assessment,which is very important for criminal justice.In the point of judiciary initiation mechanism of Psychiatric assessment,the analysis should be focused on initiation conditions,subject,procedure and relief way etc.With our legal system entering into a new phase in recent years,in the procedure of judiciary Psychiatric assessment,one point is the reed of identification staff and institute.What's more,nowadays some rules and regulations do not match the situation well because they fall to keep up with the time and lacks of amendment.The last is loose laws or regulations and scarce legal aid for the party.All of those poses a strong impact on social harmony.Thus,through the investigation on legislation and practice of judiciary initiation mechanism of Psychiatric assessment in China,this article compares it to the reference from overseas judiciary psychiatric assessment then draws on the experiences from them,and analyzes some problems,including the present plight of our judiciary initiation mechanism of psychiatric assessment,vague initiation conditions,subject absolutes,no initiation right on defense and other participants etc.From that,a confrontational judiciary initiation mechanism of psychiatric assessment is not be there in China.In order to solve the present problems mentioned above,the author intends to put forward some suggestions for the improvement of judiciary Psychiatric assessment system in China.First,from the point of initiation conditions of criminal judiciary psychiatric assessment,the analysis includes four parts:first,the supplemental one and the compulsory assessment.Second,from the point to improve initiation subject of judiciary Psychiatric assessment,the analysis should be started from distributions of the initiation right of both two parties and also in different cases.Third,from the point to improve judiciary Psychiatric assessment system,the analysis should focus on the supervisory mechanism improvement of application procedure and determination procedure.Fourth,the analysis should focus on relief way to the party in the criminal judiciary initiation mechanism of psychiatric assessment.Therefore,we should improve the relevant legal rules and regulations,then further to comprehensively regulate judiciary initiation mechanism of psychiatric assessment,which aims to provide equal application and relief rights for two parties,and to enhance the standardization and legalization of judiciary initiation mechanism of psychiatric assessment procedure.