The Run Structure And Impediment Of China Compulsory Medical Procedure

As mentally ill people who get into trouble have been the hidden dangers of publicsecurity and the social focus, it is necessary to give mental patients compulsorymedical care in reality. The revisions of Criminal Procedural Law and relevant lawsalso have focused on this issue. Compulsory Medical is a kind of judicial measureswhich are similar to the western Security Measures, equipped with proceduralproperty and substantial property. From the angle of program design, CompulsoryMedical is a special procedure under the rules of criminal procedure. In a wide senseof the word, Compulsory Medical Procedure includes jurisdictional identification ofmental diseases, initialization procedure, hearing procedure, legal relief and executionprocedure. This article mainly deals with the run structure and the prognosis for theimpediment of China Compulsory Medical Procedure and its solving methods toensure that desired goals are met.The first part is a summary of Compulsory Medical, containing the definition,characteristic, history and legislation status.The second part is a foreign investigation and analysis of Compulsory MedicalProcedure. This part mainly research on the laws of United States, the UnitedKingdom, Canada, Russia and Germany.The third part is the run structure of China Compulsory Medical Procedure. In thissection, applicable objects, applicable conditions and specific procedures are introduced.The fourth part is the prognosis for the impediment of China Compulsory MedicalProcedure and its solving methods. In this section, it proposes four basic principles forChina Compulsory Medical Procedure. Then obstacles of jurisdictional identificationof mental diseases and specific procedures are elaborated. Some improvementproposals are also proposed.