A Study On Criminal Compulsory Medical Procedure

Criminal compulsory medical treatment is not punitive measures. It is not only a kind of social defense system, but also protect the rights and interests of the mechanism of mental patients. In the design and operation of the criminal system of compulsory medical treatment, particular attention should be paid to the protection of the rights of mental patients, with particular emphasis on the conflict of interests between the horizontal and the individuals and the society, and this system into the fair, strict judicial procedures.Before the provisions of the criminal procedure law of criminal compulsory medical procedure, the accumulation of practical experience in the practice is lack of theory research, mainly is the entity level, few studies from the perspective of the program. Therefore, the legislature chose the path of gradual practice-- criminal procedure law itself only provides six provisions, judicial interpretation for a large space to explore the practice, which is suitable for Chinese national conditions of compulsory medical procedure in the process of judicial practice. Although the three departments issued judicial interpretation covers more detailed, comprehensive, but at the same time solve the problem and produced some new problems. In addition, as the restriction of personal freedom and rights of the measures, the compulsory medical treatment in our country is still in the extensive application, is not conducive to the full protection of the human rights of mental patients.Through the analysis, comparison and research of typical countries and regions of the compulsory medical procedure, the extraterritorial compulsory medical procedure of the generality and the judicial procedure, the criminal compulsory medical procedure remains constrained protection measures of temporary is not easy to disease identification procedures, the judicial spirit is not standardized, the members of the collegial panel is not reasonable, can to file an incidental civil action is not clear, and the cost of performing places difficult to implement, the relief program is fully and many other issues. Therefore, in order to perfect our country’s criminal compulsory medical procedure legislation and judicial operation, the excellent program of extraterritorial judicial operation into China’s compulsory medical procedure, and the establishment of related system suitable for the situation of our country, it is a feasible method.