Defect And Improvement On Criminal Compulsory Medical Procedure

With the continuous development of society is gradually reduced, but the people’s needs are gradually increased the number of patients with congenital mental illness, social competition, and social relations are growing more complex, leading to a sharp increase in the number of acquired psychiatric patients.Mental patients brutal attack wounding surging, who are both mentally ill perpetrators, but also vulnerable people, to some extent, also victims, should be accountable not only to the state and society, or laissez-faire, but should be subject to appropriate treatment and care. The birth of criminal coercive medical procedures, marking psychosis "criminal" who entered the judicial review process, ending the internal administrative procedures; the birth of administrative coercive medical procedures, standardized the dangerous mentally administrative internal processing procedures. The appearance of the two compulsory medical procedures likes a milestone in laws history, and highlight the procedural justice and human rights-oriented philosophy.Because compulsory medical procedures are "preterm",not mature enough, too lean, too rough, it need to be studied and improved. Therefore, as a Master of Laws by heavy practice, I found the problem from practice, referrals scholars point of view,learn from the successful experience of foreign countries, try to force the refinement and improvement of medical procedures. First, we almost lost their senses between judicial practice and compulsory medical psychiatry, I try to clearly stroke the nature,differences, conflict and coordination of criminal and administrative compulsory of medical procedures. After that, learning from the Anglo-American criminal and civil law compulsory medical system, summarize the problem in the judicial practice and theoretical researchers, such as the " is the applicable object too narrow" " the existence and death of struggle the mandatory health system constraints before the temporary protection", " trial mode " and so on. I study and improvement of these doubts, to find the best balance between public safety and individual human rights, to protect of the law applicable being more consistency with the legislative wishes.