Research On The Allocation Of The Right To Initiate Criminal Forensic Psychiatric Identification In China

In judicial practice,every criminal case involving judicial psychiatric expertise always causes disputes among all parties in the society.Behind the disputes,it is highlighted that there are systematic defects in the current allocation of starting right of criminal psychiatric expertise in China,however,as the key to the start of the judicial psychiatric appraisal in criminal cases,its minor defects can play a role in the judicial psychiatric appraisal that affects the whole body,as a result,the criminal cases involving judicial psychiatric expertise become a difficult problem criticized by all parties in the judicial practice.In order to solve the above-mentioned problems,the following three ways are analyzed: first,the definition of the essential attribute of the initiation right of the criminal judicial psychiatric identification is related to the ownership of the subjects of the initiation right of the identification,based on the analysis of the definition and the essential attribute of the criminal judicial psychiatric expertise,it is found that the initiating power of the criminal judicial psychiatric expertise has two essential attributes: Power and right,the institutional defects in the allocation of the right to start the identification of mental illness in criminal judicature can be reflected through the present situation of legislation and the difficulties in judicial practice,it is concluded that the problems in the allocation of the starting right of forensic psychiatric expertise in China mainly include the imbalance in the allocation of the starting right of forensic expertise,the lack of relief channels for the application of the defense expert testimony,and the unclear starting standard of forensic expertise,through the analysis of the foreign mode and the current mode of our country,it can give some enlightenment to the mode choice of our country’s criminal judicial psychiatric appraisal right allocation.According to the above analysis,the system defects of the start right of forensic psychiatric expertise in China can be improved from two aspects: the start right of forensic psychiatric expertise and the start standard.First,in the allocation of appraisal startup right,through the use of different patterns of appraisal startup right allocation,combined with the actual situation of our country obtained by normative analysis and empirical analysis,it is proposed that the improvement should be based on the general reservation and limitation of the power of the judiciary in the identification start right configuration,as well as the moderate extension and guarantee of the rights of the defense in the identification start right configuration.Secondly,to further specify the start-up criteria for forensic psychiatric expertise,and specify the specific criteria for initial,re-evaluation and supplementary evaluation,respectively,to limit the high degree of discretion of the judiciary,and to protect the defense’s right to petition for expert testimony.