Measures for the Administration of Judicial Appraisal of Mental Illness Chapter I General Provisions Article 1 In order to strengthen the administration of judicial appraisal of mental illness, safeguard the legitimate rights and interests of patients with mental illness and other citizens, and ensure the fairness and scientificity of judicial appraisal of mental illness, these measures are formulated in accordance with relevant state laws and regulations. Article 2 Judicial appraisal of mental illness refers to the scientific and technical work that appraisers use modern medical means and professional knowledge to conduct forensic psychiatric investigation and analysis on the appraiser and his behavior, and objectively evaluate the mental state and behavioral ability of the appraiser. Article 3 The judicial appraisal of mental illness shall be based on the facts of the case and the mental state of the appraisee, and scientific appraisal shall be conducted by using the theory and technology of judicial psychiatry. Article 4 Units or individuals that entrust or apply for judicial expertise of mental illness and engage in judicial expertise of mental illness must abide by these Measures. Chapter II Judicial Appraisal Committee of Mental Illness Article 5 the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Health, the Ministry of Justice and the Ministry of Public Security jointly form the National Coordination Committee for Judicial Appraisal of Mental Illness, which is responsible for the coordination of judicial appraisal of mental illness throughout the country. The National Coordination Committee for Judicial Appraisal of Mental Illness has an office located in the health administrative department of the State Council. Provinces, autonomous regions and municipalities directly under the central government shall set up judicial expertise committees for mental illness, which shall be responsible for the judicial expertise of mental illness within their respective administrative areas. The Judicial Appraisal Committee for Mental Illness is composed of judicial appraisers for mental illness. Article 6 The Judicial Appraisal Committee of Mental Illness has an office, which is responsible for the daily work of the Committee and performs the following duties: (1) Accepting the entrustment or application for judicial appraisal of mental illness; (2) Randomly determining the place of judicial expertise for each mental illness from the judicial expertise institutions for mental illness; (three) randomly determine the appraisers who participate in the judicial appraisal of each mental illness from the judicial appraisers of mental illness; (4) To undertake other tasks assigned by the Judicial Appraisal Committee for Mental Illness. The office of the Judicial Appraisal Committee for Mental Illness is located in the Ministry of Health. Chapter III Designated Hospital for Judicial Appraisal of Mental Illness Article 7 Judicial appraisal of mental illness must be conducted in the designated hospital for judicial appraisal of mental illness. Article 8 A hospital that meets the following conditions may apply to the administrative department of health of the people's government of a province, autonomous region or municipality directly under the Central Government for the establishment of a "forensic psychiatric specialist" medical treatment subject: (1) a psychiatric specialist hospital above Grade II or a tertiary general hospital with a psychiatric department; (two) there are forensic psychiatric appraisal rooms, offices, examination rooms and medical record rooms. ; (three) there are not less than three forensic experts of mental illness; (4) Having at least one judicial appraiser of mental illness with the post qualification of chief psychiatrist; (5) Other conditions stipulated by the administrative department of health of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Article 9 A hospital that meets the following conditions can become a designated hospital for judicial appraisal of mental illness: (1) It meets the relevant provisions of the Regulations on the Administration of Medical Institutions and the Detailed Rules for the Implementation of the Regulations on the Administration of Medical Institutions; (two) with the "judicial psychiatry" diagnosis and treatment subjects; (3) Other conditions stipulated by the administrative department of health of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Article 10 A hospital applying for the qualification of a designated hospital for judicial appraisal of mental illness shall be audited by the health administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government and submitted to the people's government of the province, autonomous region or municipality directly under the Central Government for approval, and then the health administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government shall issue the License for Judicial Appraisal of Mental Illness uniformly printed by the health administrative department of the State Council, and become a designated hospital for judicial appraisal of mental illness (hereinafter referred to as the designated hospital). Eleventh without obtaining the "license for judicial expertise of mental illness", no unit may carry out judicial expertise of mental illness. Chapter IV Judicial Appraisers for Mental Illness Article 12 Judicial expertise for mental illness shall be conducted by an expert group composed of judicial appraisers for mental illness. Article 13 A person who meets one of the following conditions may apply to the health administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government for the qualification of a forensic expert on mental illness: (1) He has obtained a bachelor's degree or above in mental health or medicine from a medical college for nationalities, has the qualification of a psychiatrist, has been engaged in psychiatric clinical work in a psychiatric hospital or general hospital for more than five years, has been engaged in forensic expertise in psychiatric work in a psychiatric hospital or general hospital for more than five years, and has obtained the post qualification of deputy chief physician of psychiatric department; (2) Having obtained a diploma in mental health or medicine from a medical college for nationalities, having the qualification of practicing psychiatry, having been engaged in clinical psychiatric work for more than 7 years in a psychiatric hospital or a general hospital, and having been engaged in forensic psychiatric expertise for more than 5 years in a psychiatric hospital or a general hospital, and having obtained the post qualification of deputy chief physician or above. Article 14 Applicants who meet the following conditions for judicial appraisal of mental illness shall be examined and approved by the health administrative departments and judicial administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and examined and approved by the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. The autonomous regions and municipalities directly under the Central Government shall issue the qualification certificate for judicial appraisal of mental illness uniformly printed by the health administrative department of the State Council: (2) It complies with the relevant provisions of the Law of People's Republic of China (PRC) on Medical Practitioners; (2) Working in the psychiatric department of a specialized psychiatric hospital above Grade II or a general hospital above Grade III; (3) having high medical ethics and abiding by the law; (4) Having full capacity for civil conduct; (5) Other conditions stipulated by the administrative department of health of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Fifteenth in any of the following circumstances, the qualification of judicial appraiser of mental illness shall not be recognized: (1) does not meet the conditions stipulated in Article thirteenth of these measures; (two) the occurrence of medical accidents is less than five years; (3) the term of imprisonment; (4) Other circumstances stipulated by the administrative department of health of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Article 16 The rights of judicial appraisers of mental illness: (1) Accepting the entrustment of the judicial appraisal committee of mental illness to engage in judicial appraisal of mental illness; (two) when the case materials are insufficient, ask the entrusting organ or the applicant to provide the required case materials; (three) to the appraiser's work unit and family members and relevant witnesses to understand the situation; (four) according to the needs of the case and the condition of the appraiser, request the entrusting organ or the applicant to transfer the appraiser to the hospital where the mental patient is admitted for in-patient examination and appraisal. Article 17 The duties of a judicial appraiser of mental illness: (1) Accepting the entrustment of the Judicial Appraisal Committee of mental illness to engage in judicial appraisal of mental illness; (two) temporarily unable to engage in psychiatric judicial expertise, should promptly explain the situation to the psychiatric judicial expertise committee; (three) to be scientific, fair and rigorous in the judicial expertise of mental illness; (four) comply with the relevant provisions of the withdrawal; (five) abide by the relevant confidentiality provisions; (6) Answering questions related to the appraisal conclusion raised by the entrusting organ or the appraisal applicant; (7) Accepting the entrustment of the Judicial Appraisal Committee for Mental Illness to testify in court; (eight) to testify in court according to the requirements of the case-handling organ or the requirements of the applicant; (nine) other duties stipulated by the judicial appraisal committee of mental illness of the people's governments of provinces, autonomous regions and municipalities directly under the central government. Eighteenth any individual who has not obtained the "qualification certificate of judicial appraiser of mental illness" shall not engage in judicial appraisal of mental illness. Chapter V Appraisal Procedure Article 19 Public security organs, procuratorial organs, judicial organs, prison administration organs and other case-handling organs (hereinafter referred to as case-handling organs) and other units and individuals that need judicial appraisal of mental illness shall submit entrustment or application to the judicial appraisal committees of mental illness of provinces, autonomous regions and municipalities directly under the Central Government. The case-handling organ, other units and individuals may also directly submit entrustment or application to the judicial expertise committees of mental diseases in other provinces, autonomous regions and municipalities directly under the Central Government. Article 20 If the case-handling organ, other units and individuals have objections to the appraisal conclusion or there are many inconsistencies in the appraisal conclusion, they may entrust or apply to the original judicial appraisal committee for mental illness for review, or directly entrust or apply to the judicial appraisal committees for mental illness of other provinces, autonomous regions and municipalities directly under the Central Government for re-appraisal. Article 21 To entrust or apply for judicial expertise of mental illness, a power of attorney or an application for judicial expertise of mental illness shall be submitted, and the following materials shall be submitted: (1) Information of the identified person and his family members; (2) Information about the appraiser; (3) Assessing people's social data; (four) the insider's testimony on the mental state of the appraiser; (five) the disease situation and medical records of the identified person; (6) Other materials required by the Judicial Appraisal Committee for Mental Illness. If the case-handling organ entrusts an appraisal, in addition to the above materials, it shall also submit the case file of the appraiser. When entrusting or applying for an appraisal of a case that has been appraised, the original appraisal conclusion shall also be submitted. Twenty-second entrust or apply for judicial expertise of mental illness, shall pay the appraisal fee in accordance with the provisions. Specific standards shall be formulated by the judicial appraisal committee of mental illness of provinces, autonomous regions and municipalities directly under the Central Government in consultation with the price management department at the same level. Article 23 After accepting the entrustment or appraisal application, the Q&A Committee for Judicial Appraisal of Mental Illness shall issue a Notice of Accepting Judicial Appraisal of Mental Illness to the entrusting organ or the applicant within 3 working days. The application or entrustment of judicial expertise in mental illness shall not be accepted under any of the following circumstances: (1) The entrusting organ or the applicant does not have the qualification of a legal person or the applicant does not have full capacity for civil conduct; (two) can not be submitted in accordance with the provisions of article nineteenth of these measures, or the materials submitted do not meet the requirements; (3) Failing to pay the appraisal fee; (4) Other circumstances stipulated by the Judicial Appraisal Committee of Mental Illness of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Article 24 The Judicial Appraisal Committee for Mental Illness shall complete the preparatory work before appraisal within 3 working days from the date of accepting the application for signing entrustment or appraisal: (1) Preliminary examination of the materials submitted by the parties; (2) Agree the appraisal date with the appraisal client or applicant; (three) randomly determine the designated hospital to provide identification sites; (4) Randomly determining the appraisers and appraisers; (5) Other necessary preparations. Twenty-fifth mental illness judicial expertise group shall be composed of singular appraisers, with no less than 3 members. The Judicial Appraisal Committee for Mental Illness shall notify the appraisers to participate in the appraisal within 3 working days before the agreed appraisal date. Twenty-sixth judicial expertise of mental illness requested by the case-handling organ or the applicant shall be composed of singular appraisers with no less than 5 members. Twenty-seventh mental illness judicial appraisal group shall complete the appraisal work within 30 working days from the agreed appraisal date. Twenty-eighth units or individuals that entrust or apply for judicial expertise in mental illness. The appraised person and the insider shall participate in the evaluation at the designated date and place. If there is any violation of the agreement, no assessment shall be conducted during the shutdown period. When conducting the appraisal work, the judicial appraisal group of mental illness thinks that the materials provided by the appraisal client or applicant are insufficient, and may request the appraisal client or applicant to supplement the materials. If supplementary materials are needed, the appraisal period shall be suspended from the date when the notice of supplementary materials is delivered to the appraisal client or applicant to the date when the supplementary materials are submitted to the judicial appraisal group for mental illness. Judicial expertise in mental illness needs consultation and examination from other disciplines. From the date of consultation and inspection to the date of receiving the consultation diagnosis and inspection report, the evaluation will be suspended. If the appraisee is unable to accept the evaluation due to illness or other reasons, so that the evaluation cannot be carried out, the evaluation should be carried out during the suspension period. Article 29 A forensic expert of mental illness shall read the papers in advance, understand the case, conduct necessary social investigations, make a clear diagnosis of the disease, have scientific basis, and accurately evaluate various legal abilities and causal relationships. Thirtieth mental illness judicial expertise group according to the case and the patient's condition, can take outpatient appraisal or hospitalization appraisal. Thirty-first mental illness judicial expertise group can choose direct expertise according to different situations. Different types of identification, such as document verification or absence identification. If the appraisee can cooperate and accept the appraisal, direct appraisal is selected; If the appraisee dies, has accepted the judicial appraisal of mental illness, and can be appraised according to other materials, he may choose to examine the certificate; In any of the following circumstances, you can choose the default identification: (1) Being rescued from serious physical illness and other materials are sufficient for identification. (two) loss of consciousness, can not be recovered in the near future, and other materials are sufficient for identification; (3) provinces. Autonomous region. Other circumstances stipulated by the health administrative department of the people's government of the municipality directly under the Central Government. Article 32 The judicial appraisal group for mental illness shall complete the appraisal within the statutory time limit, deliver the judicial appraisal book for mental illness to the entrusting organ or the appraisal applicant, and send a copy of the judicial appraisal book for mental illness to the office of the judicial appraisal committee for the record. Thirty-third designated hospitals must file the materials of each case identification and keep them permanently. Chapter VI Withdrawal Article 34 If the appraiser or the appraisee thinks that the appraiser and the appraisee have a direct interest or have other interests that may affect the impartial appraisal, he may request withdrawal. After verification by the psychiatric judicial appraisal committee, the appraiser shall withdraw. Article 35 If the appraiser and his relatives think that the appraiser has a direct interest relationship with the appraiser or has other interests that may affect the impartial appraisal, they may request withdrawal. After verification by the psychiatric judicial appraisal committee, the appraiser shall withdraw. Article 36 If an appraiser thinks that he has a direct interest in the appraiser or has other interests that may affect the impartial appraisal, he may ask for withdrawal. After verification by the psychiatric judicial appraisal committee, the appraiser shall withdraw. Article 37 An appraiser who participates in the judicial appraisal of mental illness may apply for withdrawal. If the Judicial Appraisal Committee for Mental Illness finds that the appraiser has a direct interest relationship with the appraiser or has other interests that may affect the impartial appraisal, the appraiser shall withdraw. Article 38 If the designated hospital thinks that the appraiser has a direct interest with the appraiser or that there are other interests that may affect the impartial appraisal, it may request withdrawal. After verification by the psychiatric judicial appraisal committee, the appraiser shall withdraw. Article 39 The provisions on withdrawal in these Measures shall also apply to other persons participating in the appraisal of mental illness. Chapter VII Judicial Appraisal of Mental Illness Article 40 The conclusion of judicial appraisal of mental illness shall be made in the form of judicial appraisal of mental illness. The Judicial Appraisal of Mental Illness shall come into effect after all the appraisers who participated in the judicial appraisal of mental illness signed it and stamped the official seal of the designated hospital. Article 41 The contents of forensic psychiatric expertise include: (1) the name, sex, age, marriage, nationality, education level, occupation and address of the appraisee; (2) Entrusting an appraisal unit or applying for an appraiser; (3) identify the type; (4) Time of identification; (5) The name of the designated hospital. Location. Identify participants; (6) Determination of the cause of action; (7) Investigation and relevant evidential materials; (8) Check what you see; (9) Analysis opinions; (10) Evaluation conclusion; (eleven) the signature of the appraiser and the official seal of the designated hospital. (12) serial number and release date. Article 42 A judicial appraisal of mental illness shall meet the following requirements: (1) Clear and tidy; (two) the reasons for the identification shall include the main case. Identification reason and purpose; (3) The investigation materials should include the medical history of direct and indirect investigation. Information about the course of the case and the causal relationship between the two. The medical history includes family history, personal history (growth and development, family education, school education, life experience, personality characteristics), marriage and childbirth history, physical history, mental history, interrogation materials, performance during detention, etc. Investigation materials should be specific, detailed, true and objective, and should indicate the object of investigation, investigators and sources of information; (4) The examination results shall include physical examination, nervous system examination, mental examination, psychological examination, necessary laboratory examination and special examination; (5) The analysis opinions should discuss and determine the diagnosis of the appraisee's personality, intelligence, physical illness and mental illness, and list the basis. In criminal cases, it is necessary to analyze the relationship between the case and the illness, and demonstrate whether the identification ability and control ability of the appraiser are damaged when committing a crime. If it is damage, according to the legal requirements, it is necessary to clarify and distinguish whether the appraiser is in a recognition obstacle or a control obstacle when committing a crime, and then evaluate the level of criminal responsibility ability according to his illness and the degree of damage to his recognition ability or control ability. In civil cases, the influence of mental illness on the ability to express will in civil activities should be determined according to the disease diagnosis and the degree of social function damage of the appraiser, and then the level of his civil capacity should be evaluated. In the case of determining the causal relationship, the relationship between the case and the onset should be discussed according to the disease diagnosis, etiology and basis of the onset of the identified person. If yes, it should be based on the prognosis and outcome of the identified person's mental illness, make clear the impact on his psychological and social functions, and put forward the basic estimation of the condition and suggestions for further treatment according to the inspection findings. (six) the conclusion of the appraisal shall include the name, illness, case, legal capacity (or causality) and ability level of the appraisee, and put forward suggestions for medical supervision. Forty-third when making the conclusion of the judicial appraisal of mental illness, the judicial appraisers of mental illness who participated in the appraisal shall sign the analysis opinions and the appraisal conclusion; When there are different opinions, it shall be recorded and an expert conclusion shall be formed according to the opinions of the majority. Forty-fourth judicial appraisers of mental illness shall not sign the appraisal book for direct appraisal without personal examination; If there is no appraisal or documentary evidence review, the files and medical records shall not be reviewed in person, and the appraisal book shall not be signed. Chapter VIII Punishment Article 45 If a unit that has not obtained the Practice License for Medical Institutions illegally engages in judicial appraisal of mental illness, the health administrative department of the local people's government at or above the county level shall punish it in accordance with the provisions of Article 44 of the Regulations on the Administration of Medical Institutions. Forty-sixth medical institutions that have not obtained the License for Judicial Appraisal of Mental Illness illegally engage in judicial appraisal of mental illness shall be punished by the health administrative department of the local people's government at or above the county level according to Article 47 of the Regulations on the Administration of Medical Institutions. Forty-seventh individuals who have not obtained the Qualification Certificate for Judicial Appraisers of Mental Illness illegally engage in judicial expertise of mental illness shall be given a warning by the health administrative department of the local people's government at or above the county level according to the circumstances. Impose a fine of 1000 yuan; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law. Forty-eighth medical institutions that have obtained the license for psychiatric judicial expertise violate these measures, and under any of the following circumstances, the health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall order them to make corrections according to the circumstances and give them a warning. Impose a fine of 10000 yuan; If the circumstances are serious, the license for judicial expertise of mental illness may be revoked: (1) Those who do not meet the conditions stipulated in Article 9 of these Measures; (2) refusing to provide a place for the judicial appraisal of mental illness; (three) in violation of the relevant confidentiality provisions; (4) Interfering with the judicial appraisal of mental illness; (5) Tampering, destroying or forging appraisal files; (6) provinces. Autonomous region. Other circumstances stipulated by the Judicial Appraisal Committee of Mental Illness of the municipality directly under the Central Government. Article 49 If a judicial appraiser of mental illness violates these measures in the appraisal work and has any of the following circumstances, the health administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall order him to make corrections, revoke his qualification certificate as a judicial appraiser of mental illness and give him a warning according to the circumstances. Impose a fine of 1000 yuan; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law: (1) Violating the statutory appraisal procedures; (two) in violation of the relevant provisions on withdrawal; (three) the occurrence of medical accidents; (4) the term of imprisonment; (five) there are serious mistakes in the appraisal work; (six) practicing fraud in the appraisal work; (seven) soliciting or accepting bribes in the appraisal work. Fiftieth citizens, legal persons or other organizations who illegally obstruct or interfere with the judicial expertise of mental illness shall be punished by the public security organs in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security; If the circumstances are serious enough to constitute a crime, it shall be dealt with by judicial organs according to law. Chapter IX Supplementary Provisions Article 51 Judicial expertise cases of mental illness that have been accepted before the implementation of these Measures shall be implemented in accordance with the original provisions. Article 52 The administrative department of health of the State Council shall be responsible for the interpretation of these Measures. Article 53 These Measures shall come into force as of the date of promulgation. The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Justice, the Ministry of Public Security, the Ministry of Health 1989 Health Law [89]17 issued the Interim Provisions on Judicial Appraisal of Mental Illness shall be abolished at the same time. The above is the current situation of judicial expertise of mental illness in China. Here, not only the location of psychiatric appraisal is clearly required, but also the specific appraisal qualifications, procedures, fees and avoidance system are clearly stipulated. If the parties find that there are irregularities in the appraisal process or are not satisfied with the appraisal results, they may submit evidence to apply for reconsideration.