Research On Criminal Compulsory Medical Treatment In China

The criminal compulsory medical system is a court decision that treats mentally ill patients by restricting their personal freedom.The system is aim to eliminate the possibility of patients' social harm and eventually to safeguard public order and protect the parties' personal.The application conditions of Criminal compulsory medical are special,whose medical treatment is mandatory and professional.Actually,it's a kind of security measure.The establishment of a criminal compulsory medical system in China has the major practical significance of reducing social risks,highlighting the proper procedures and ensuring the protection of human rights.By re-examining the criminal compulsory medical system,it can be found that in China,the legislation is too general and the relevant matching measures are so incomplete that there are only seven provisions in the criminal law and the criminal procedure law.Because of this situation,there are are many problem existing in the system in legislation,procedure setting and actual implementation.For example,the object of the criminal compulsory medical system is too limited,and the applicable conditions are not clear;in practice,the initiation procedure of the criminal compulsory medical system is too arbitrary,and the authentication procedure is not standardized;the implementing subjects pass the buck and funding is insufficient etc.These becomes an important obstacle to the implementation of the system.China has paid attention to problems found in practice and issued a series of normative documents.However,it is difficult to realize the fairness and justice of specific cases due to the complexity of the current cases in China.In response to these real problems,we urgently need to improve our country's provisions on criminal compulsory medical care systems by summarizing domestic and foreign experience.In order to improve the physical requirements of the criminal compulsory medical system,the pertinence of the criminal compulsory medical system should be strengthened,the range of applicable objects should be expanded,and the application conditions of the system should be clearly defined.In order to protect the personal rights of the patients who receive compulsory medical treatment,the initiation,cancellation,identification and relief procedures should be improved and the occurrence of “psychiatric illness” and “pseudo-psychosis” should be avoid.In order to create a good order of implementation,the criminal compulsory medical enforcement agencies should be more professional and its docking role with community corrections should be strengthened,meanwhile the supervision of criminal compulsory medical system and economic investment should also be strengthened to ensure the smooth implementation of criminal compulsory medical work.