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我国司法精神医学方兴未艾,虽起步较晚,当今却已显出迅猛发展的势头,修改后的《刑事诉讼法》将于明年实施,司法精神医学正面临新的考验。本文旨在回顾过去,分析现在,提出对未来的对策,以供同道思考。 一、我国司法精神医学的沿革及概况 解放前,旧中国的《六法全书》中已经有了“心神丧失者免除刑事责任,心神耗弱者酌情从轻处罚”的规定。解放初期,接受前苏联司法精神病学影响,我国尚未正式颁布刑法,司法精神鉴定工作各地另零进行,如发现有可疑精神病的案犯,司法部门邀请少数精神科医生进行鉴
Judicial psychiatry in our country is in the ascendant. Although it started late, the trend of rapid development has been shown now. The revised Criminal Procedure Law will be implemented next year and judicial psychiatry is facing new challenges. The purpose of this article is to review the past, analyze the present, and propose solutions to the future for fellow citizens to think. I. History and General Situation of Judicial Psychiatry in China Prior to the liberation, the “Six Laws of the Whole People’s Republic of China” had already stipulated that “those who lose their mind should be exempt from criminal responsibility and those who feel weakened by their heart should be leniently penalized”. In the early period of liberation, under the influence of the judicial psychiatry of the former Soviet Union, China had not yet formally enacted criminal law and the judicial spirit appraisal work was carried out in other places. If there were suspects of suspected mental illness, the judicial department invited a few psychiatrists to conduct the study