司法精神医学鉴定书的认证
发布时间：2018-10-29 20:21
【摘要】：近半个世纪以来司法精神医学(又被称为法医精神病学)在全世界范围内得到了迅速的发展,对于推进人类卫生保健和国家法制建设以及具体法规的贯彻都发挥了积极巨大的良好社会效应,受到了全世界的认同和高度的关注。在经济和科学技术发达的国家,对于脑的科学,对于精神医学,对于司法精神医学都有自己的专业队伍,都有自己的教育模式和学术刊物和相当规模的社会专业设施。而在我国,由于具体的国情社情,对它的研究起步较晚,国民对于这个领域的总体认知滞后,在医学界、法学界以至于知识界和公众社会,对于精神医学和司法精神医学科学的基本观念,长期处于认知模糊状态,导致司法精神医学鉴定科学难以推行普及大众。但是在社会迅猛发展的今天,国内精神疾病患者数量激增,涉及刑事犯罪的精神疾病患者的数量呈大幅上涨趋势的形式下,而我们的鉴定制度却迟迟难以建立,鉴定程序缺乏切实可行的法规,更为重要的是没有真正形成自己训练有素的专家队伍。即使鉴定案件,因缺乏统一鉴定的标准,而我们的司法人员又缺乏对司法精神医学的认识和对鉴定书和鉴定结论审查的方法,严重影响了案件的公正裁决。因此,从长远上看,我国在完善国家鉴定制度立法过程中,应借鉴大陆法系和英美法系鉴定制度优点,尽快建立起适应我国诉讼制度的鉴定制度,充分保障司法机关公正执法。 全文共分为三个部分,约3.2万字。第一部分:纵向梳理了建国以来,我国精神医学界对精神病人的外延的界定的演变过程和现今定义,以及我国刑法学界对精神病人范围的定义情况以及精神病人的刑事责任能力。第二部分:通过剖析司法精神医学鉴定的内容、意义和特点以及通过对两大法系鉴定制度的比较,对司法精神医学鉴定有了初步的感性认识。第三部分:通过对司法精神医学鉴定书及鉴定结论审查制度的必要性的论述,阐明对司法精神医学鉴定书及鉴定结论的审查方法和形式,尤其是掌握在同一案件中对多份鉴定结论相互矛盾的审查和认证方法,从而,提出对于鉴定结论失真的救济制度和构建适应我国刑事诉讼制度的司法鉴定制度和司法鉴定审查制度的设想。
[Abstract]:Forensic psychiatry (also known as forensic psychiatry) has developed rapidly worldwide over the past half century. It has played a positive and great social effect in promoting the construction of human health care, national legal system and the implementation of specific laws and regulations, and has been recognized and highly concerned by the whole world. In the developed countries of economy and science and technology, the science of the brain, the psychiatry and the judicial psychiatry all have their own professional team, their own educational model, academic journals and social professional facilities on a considerable scale. In China, due to the specific situation of the society, the research on it started relatively late, and the general cognition of the people in this field lagged behind. In the medical, legal and even intellectual circles and the public society, The basic concepts of psychiatry and judicial psychiatry science are in the state of cognitive ambiguity for a long time, which leads to the difficulty of popularizing the forensic psychiatry science. However, with the rapid development of society today, the number of mental illness patients in China has increased sharply, and the number of mental illness patients involved in criminal offences has shown a significant upward trend. However, our appraisal system has been difficult to establish. The identification procedure lacks practical regulations and, more importantly, does not really form its own well-trained team of experts. Even though there is a lack of uniform standards for the identification of cases, our judicial personnel lack the understanding of forensic psychiatry and the method of examining the appraisal documents and conclusions, which seriously affects the fair decision of the cases. Therefore, in the long run, in the process of perfecting the national appraisal system, our country should draw lessons from the advantages of the civil law system and the common law system, establish an appraisal system suitable for our country's litigation system as soon as possible, and fully guarantee the fair enforcement of the law by the judicial organs. The full text is divided into three parts, about 32000 words. The first part: the evolution process of the extension of the mental patient and the present definition in the field of mental medicine since the founding of the people's Republic of China. And the definition of the scope of mental patients and the ability of criminal responsibility of mental patients in the criminal law circle of our country. The second part: through the analysis of the content, significance and characteristics of forensic psychiatry identification, as well as the comparison of the two legal systems, there is a preliminary perceptual understanding of forensic psychiatry identification. The third part: through the discussion of the necessity of the forensic psychiatry appraisal and the appraisal conclusion examination system, expound the examination method and the form of the judicial psychiatry appraisal certificate and the appraisal conclusion. In particular, the method of reviewing and certifying conflicting findings in the same case, This paper puts forward a remedy system for the distortion of the appraisal conclusion and a tentative plan for the establishment of the judicial identification system and the judicial appraisal review system adapted to the criminal procedure system of our country.
【学位授予单位】：对外经济贸易大学
【学位级别】：硕士
【学位授予年份】：2004
【分类号】：D919.3
本文编号：2298710
[Abstract]:Forensic psychiatry (also known as forensic psychiatry) has developed rapidly worldwide over the past half century. It has played a positive and great social effect in promoting the construction of human health care, national legal system and the implementation of specific laws and regulations, and has been recognized and highly concerned by the whole world. In the developed countries of economy and science and technology, the science of the brain, the psychiatry and the judicial psychiatry all have their own professional team, their own educational model, academic journals and social professional facilities on a considerable scale. In China, due to the specific situation of the society, the research on it started relatively late, and the general cognition of the people in this field lagged behind. In the medical, legal and even intellectual circles and the public society, The basic concepts of psychiatry and judicial psychiatry science are in the state of cognitive ambiguity for a long time, which leads to the difficulty of popularizing the forensic psychiatry science. However, with the rapid development of society today, the number of mental illness patients in China has increased sharply, and the number of mental illness patients involved in criminal offences has shown a significant upward trend. However, our appraisal system has been difficult to establish. The identification procedure lacks practical regulations and, more importantly, does not really form its own well-trained team of experts. Even though there is a lack of uniform standards for the identification of cases, our judicial personnel lack the understanding of forensic psychiatry and the method of examining the appraisal documents and conclusions, which seriously affects the fair decision of the cases. Therefore, in the long run, in the process of perfecting the national appraisal system, our country should draw lessons from the advantages of the civil law system and the common law system, establish an appraisal system suitable for our country's litigation system as soon as possible, and fully guarantee the fair enforcement of the law by the judicial organs. The full text is divided into three parts, about 32000 words. The first part: the evolution process of the extension of the mental patient and the present definition in the field of mental medicine since the founding of the people's Republic of China. And the definition of the scope of mental patients and the ability of criminal responsibility of mental patients in the criminal law circle of our country. The second part: through the analysis of the content, significance and characteristics of forensic psychiatry identification, as well as the comparison of the two legal systems, there is a preliminary perceptual understanding of forensic psychiatry identification. The third part: through the discussion of the necessity of the forensic psychiatry appraisal and the appraisal conclusion examination system, expound the examination method and the form of the judicial psychiatry appraisal certificate and the appraisal conclusion. In particular, the method of reviewing and certifying conflicting findings in the same case, This paper puts forward a remedy system for the distortion of the appraisal conclusion and a tentative plan for the establishment of the judicial identification system and the judicial appraisal review system adapted to the criminal procedure system of our country.
【学位授予单位】：对外经济贸易大学
【学位级别】：硕士
【学位授予年份】：2004
【分类号】：D919.3
【引证文献】
相关硕士学位论文 前1条
1 温振国;邱兴华特大杀人案相关法律问题分析[D];兰州大学;2010年
，本文编号：2298710
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