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《Evidence Science》 2017-03
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The overall structure theory of compulsory medical treatment

Yuan Yi;Civil,Commercial and Economic Law School,CUPL;  
The analysis of this paperis the relationshipbetweenforensicpsychiatric appraisal and compulsory medical treatment,that is, the connection betweendifferent systems provided in chapters and categories of the criminal procedural law, since the forensic psychiatric appraisalhas a decisive influence on overallconstruction of the compulsory medical treatment. As the judges lack the ability of free evaluation when examining ordinary evidences,it leads to the phenomenon of "probative value legalization of relative evidence";when faced withscientific evidence like appraisal opinion, it further leads to the phenomenon of "probative value legalization of absolute evidence".And when we finally come into the psychiatric appraisalarea of compulsory medical treatment procedure, it will bring more serious problems, because forensicpsychiatric appraisalis different fromcommon scientific evaluation. In other words, the focus of this paper is not a broad sense of appraisal problems, but specifically refers to the forensic psychiatric appraisal.However, in order to analyze more deeply, it is necessary to do the first levelanalysis to the examination ofordinary evidence, then on the basis of first level analysis, we make the secondlevel analysis to the examination of scientific. And ultimately through these two-level analysis, we can clearly observe theevaluation problem ofthe specific category of scientificevidence——forensic psychiatric appraisal,and the judge's evaluationof this particular type ofevidence is the key to determining thenature of compulsory medical treatment itself. Meanwhile, this is also the connection point betweenforensic psychiatric appraisal and compulsory medical treatment, which is the basis of systematic analysis of the two independent system in traditional criminal procedure.
【Key Words】: Construction of compulsory medical treatment procedure Forensic psychiatric appraisal Scientific evidence
【Fund】: 北京市社会科学基金项目资助(编号:16FXC043);; 中国政法大学校级人文社会科学研究项目资助(编号:15ZFG82007)
【CateGory Index】: D925.2
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