司法精神醫(yī)學(xué)鑒定書的認(rèn)證
發(fā)布時(shí)間：2018-10-29 20:21
【摘要】：近半個(gè)世紀(jì)以來司法精神醫(yī)學(xué)(又被稱為法醫(yī)精神病學(xué))在全世界范圍內(nèi)得到了迅速的發(fā)展,對于推進(jìn)人類衛(wèi)生保健和國家法制建設(shè)以及具體法規(guī)的貫徹都發(fā)揮了積極巨大的良好社會效應(yīng),受到了全世界的認(rèn)同和高度的關(guān)注。在經(jīng)濟(jì)和科學(xué)技術(shù)發(fā)達(dá)的國家,對于腦的科學(xué),對于精神醫(yī)學(xué),對于司法精神醫(yī)學(xué)都有自己的專業(yè)隊(duì)伍,都有自己的教育模式和學(xué)術(shù)刊物和相當(dāng)規(guī)模的社會專業(yè)設(shè)施。而在我國,由于具體的國情社情,對它的研究起步較晚,國民對于這個(gè)領(lǐng)域的總體認(rèn)知滯后,在醫(yī)學(xué)界、法學(xué)界以至于知識界和公眾社會,對于精神醫(yī)學(xué)和司法精神醫(yī)學(xué)科學(xué)的基本觀念,長期處于認(rèn)知模糊狀態(tài),導(dǎo)致司法精神醫(yī)學(xué)鑒定科學(xué)難以推行普及大眾。但是在社會迅猛發(fā)展的今天,國內(nèi)精神疾病患者數(shù)量激增,涉及刑事犯罪的精神疾病患者的數(shù)量呈大幅上漲趨勢的形式下,而我們的鑒定制度卻遲遲難以建立,鑒定程序缺乏切實(shí)可行的法規(guī),更為重要的是沒有真正形成自己訓(xùn)練有素的專家隊(duì)伍。即使鑒定案件,因缺乏統(tǒng)一鑒定的標(biāo)準(zhǔn),而我們的司法人員又缺乏對司法精神醫(yī)學(xué)的認(rèn)識和對鑒定書和鑒定結(jié)論審查的方法,嚴(yán)重影響了案件的公正裁決。因此,從長遠(yuǎn)上看,我國在完善國家鑒定制度立法過程中,應(yīng)借鑒大陸法系和英美法系鑒定制度優(yōu)點(diǎn),盡快建立起適應(yīng)我國訴訟制度的鑒定制度,充分保障司法機(jī)關(guān)公正執(zhí)法。 全文共分為三個(gè)部分,約3.2萬字。第一部分:縱向梳理了建國以來,我國精神醫(yī)學(xué)界對精神病人的外延的界定的演變過程和現(xiàn)今定義,以及我國刑法學(xué)界對精神病人范圍的定義情況以及精神病人的刑事責(zé)任能力。第二部分:通過剖析司法精神醫(yī)學(xué)鑒定的內(nèi)容、意義和特點(diǎn)以及通過對兩大法系鑒定制度的比較,對司法精神醫(yī)學(xué)鑒定有了初步的感性認(rèn)識。第三部分:通過對司法精神醫(yī)學(xué)鑒定書及鑒定結(jié)論審查制度的必要性的論述,闡明對司法精神醫(yī)學(xué)鑒定書及鑒定結(jié)論的審查方法和形式,尤其是掌握在同一案件中對多份鑒定結(jié)論相互矛盾的審查和認(rèn)證方法,從而,提出對于鑒定結(jié)論失真的救濟(jì)制度和構(gòu)建適應(yīng)我國刑事訴訟制度的司法鑒定制度和司法鑒定審查制度的設(shè)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.
【學(xué)位授予單位】：對外經(jīng)濟(jì)貿(mào)易大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2004
【分類號】：D919.3
本文編號：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.
【學(xué)位授予單位】：對外經(jīng)濟(jì)貿(mào)易大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2004
【分類號】：D919.3
【引證文獻(xiàn)】
相關(guān)碩士學(xué)位論文 前1條
1 溫振國;邱興華特大殺人案相關(guān)法律問題分析[D];蘭州大學(xué);2010年
，本文編號：2298710
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