The Problem And The Perfect Of The Criminal Compulsory Medical Procedures

Criminal compulsory medical is the procedure, which a mental patient must accept the compulsory medical when he during the proceeding, decided if the mental patient suite the program or not. This treatise has three major components, try to force the development, present situation and problems of the criminal compulsory medical procedure. This paper also will aim at problems and make recommendations though judicial practice.The first part is about the natures and characteristics of the criminal compulsory medical procedure. The conceptions of compulsory medical procedure and the criminal compulsory medical procedure are introduced in this part. The criminal compulsory medical procedure is a security measure which aims to social defense, medical assistance, and used to special objects.The second part is about the present situations and problems of criminal compulsory medical procedure in our country. After review and analyze the history, present situations of criminal compulsory medical procedure in our country, there point five problems in this part though judicial practice. Those are lack of temporary protective constraints measures, the judicial psychiatric identification are chaos, the unclear trial program, the medical institutions do not have enough resources to execute compulsory medical judgment and termination of the program do not have much maneuverability.The third part is focus on the suggestions for criminal compulsory medical procedure. This part includes five points,(1) examine and use temporary protective constraints measures,(2) specification psychiatric identification,(3) strengthen judicial function and specifically the trial structure, do not make public hearing and ensure the respondent will appear in court, provide the legal aid and ensure they have defend right,(4) accelerate the construction of compulsory medical actuator, which include establish the special funds and psychiatric hospital(Ankang Hospital),(5) establish a mechanism which is monitoring termination of the program, to make sure have procurator supervise and build the regular diagnostic evaluation system.