Study On The Procedure Of Criminal Compulsory Treatment For Mental Patients

So far,Compulsory medical have been concerned because of the event about“the mandatory medical treatment procedure of the mental patients who do not bearcriminal responsibility according to law”on a large of online news andnewspapers,the Amendment to the Law of Criminal Procedure has officiallyexecution there are not judicial practice,in such a social and legislative backgroundcreated series of reflections.As the label suggests,any violation of his ownwillingness of medical activities are compulsory medical,with the mandatorycharacteristic,the limitation of mental patients’ personal freedom is nowinevitable,but citizen’s personal freedom is not limited by any person and any reasonbefore the legal authority makes judgment.So the implementation of the Amendmentto the Law of Criminal Procedure must obey the rules and regulations in china’slaw.Delays on different legal basis,compulsory medical there are different formsincluded civil procedure,administrative procedure and criminal procedure.This paperwill follow “the mandatory medical treatment procedure of the mental patients whodo not bear criminal responsibility according to law”,I will dissect and deconstructthe application,the initiation,the hear,the relief and supervision of the procedure towonder about the shortage,to make some recommendations such as:expand thescope of the procedure of object,define the properties of temporary protectiverestraint measure,reasonable allocate the starting right of judicial psychiatricevaluation, make the modes of relief and supervision are perfect,in order to allow theprocedure function well,achieve the goals of social defense and the protection ofhuman rights of mental patients.