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《China Health Law》 2017-06
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The reality of psychiatric assessment in our country and reform path——Hu "beheading case" in Wuchang as the breakthrough point

Li Zhenjie;Tang Yiliang;Guangdong convinced law firm;Southwest University of Political Science and Law School of law;  
In recent years,with the cases of mental patient crime increasing,the mental patient exemption phenomenon also increased accordingly.Hu " beheading case" in Wuchang is just one example.To prevent the occurrence of "false" psychiatric assessment,and to ensure the quality and effect of the mental patient exemption,it is needed to analyze the value basis of liability of mental patients,several criteria of deconstruction psychiatric assessment and relevant laws and regulations.Recognizing the ambiguous legal rules of the psychiatric assessment,the differentiation of appraisal standard,inappropriate of applying subject of identification,this paper suggested four solutions measures as following:clearly definition of psychiatric standard,access standard of appraisal personnel conditions,rational identification of applying subject,severely punishment of "false" psychosis appraisal.
【CateGory Index】: D919.3
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