The Research On Compulsory Medical Judicial Procedure

At present, in the period of our social transformation, for the diversity of socialcontradictions, fast pace of social life and big competition pressure, more and morepeople are suffering from mental disorders. The problem of the management andtreatment of mental patients has become an important social problem, because it hasan effect on social security, protection of human rights and social stability.Compulsory medical that by the provision of Criminal Law in1997for themental patients who had criminal behaviors is a kind of system about treatment andsupervision. However, due to the lack of procedure laws, compulsory medical is notfully used. What is worse, there were some undesirable phenomenon, such as theabuse of power, violations of human rights and so on. So it is very urgent andimportant to set procedural provisions about compulsory medical. In2012,〝Criminal Procedure Law Amendment〞5series,4chapter sets compulsorymedical procedure, which not only makes up the shortages of Criminal Law so thatcompulsory medical can be carried out by this law, but also helps restrict publicpower and protect the mental patient’s legal lights. However, the provisions ofcompulsory medical procedure have some defects, so it is necessary for us to makefurther and clearer explanation, thereby compulsory medical can be implementedcorrectly and the goals of the guarantee of human rights and social defense can berealized.This paper defines the meaning of “compulsory medical judicial procedure” inthe Chapter Second. The task of this article is to improve and correct the provisionsof compulsory medical procedure. The specific paths as follows: the first, pointingout the problems of legal provisions by the analysis of the existing compulsorymedical laws; the second, exploring how to apply the compulsory medical in thejudicial practice by the analysis of some local rules and local administrativeregulations; the third, drawing lessons from foreign advanced legislations throughthe comparison between home and abroad; the last, listing the specific suggestionson how to improve compulsory medical judicial procedure, including applicableobjects, applicable conditions, pretrial procedure, court procedure, operativeprocedure, remedy procedure and relieve procedure.