The Procedural Problems Research In The Psyuchopaths Of Criminal Compulsory Treatment

Criminal compulsory treatment procedure is a special type of criminal procedure,which aims at the determination if defendant should be conducted with compulsory treatment. Functionally, it is provided with both social protection as well as help of treatment and recovery for psychopaths. The proper utilize for this procedure is capable of effectively decreasing the social risks and protecting legitimate rights and interests for both public and individuals. However, if procedural justice is ignored during the implementation, it is potentially to cause damages on psychopaths and their families,which will lead more social problems.The measurements for criminal compulsory treatment in our country was only provided in article eighteen in Criminal Law. As it was not guaranteed by procedural policies, it is difficult to operate in practice. It had been a long time that the criminal compulsory treatment procedure has been dictatorially conducted by public security department, which could hardly ensure the fair and justice, such as even normal people were received forced psychiatric treatment. The Criminal Procedure Law constituted the procedures of criminal compulsory treatment for psychopaths with specific clauses after it was revised in 2012, which changed the embarrassed situation for the non-existence of specific clause to constitute and initially established the structure of criminal compulsory treatment procedure in our country. Whereas, currently there are still quite a few issues in both of the legislation design and the practically conduction, and it still has space to improve. With the practical experience, author has conducted a series of researches and analysis on legal clauses, found some issues of the modification of criminal compulsory treatment procedure, and concluded some ideas on the improvements of it.It analyzed criminal compulsory treatment procedure from theoretical perspective in terms of criminal compulsory treatment procedure for its insights, definition,characters, and functional values, meanwhile, it focused on the brief introduction and comparison for criminal compulsory treatment procedures within foreign developed countries, such as Great Britain, United States, Germany, France and Japan respectively,which clarified the attitude and views on criminal compulsory treatment procedure, that it was provided with both social protection as well as protection for psychopaths and it was a special procedure in Criminal Procedure Law in our country, from which, the beneficial elements had been extracted and the thinking on research had been extended.In regards of criminal compulsory treatment procedure in our country in terms of history,current status,meanings and deficiency respectively,it analyzed the policies and deficiency of criminal compulsory treatment procedures in detail by standing on law clauses, integrated with the practical working experience. In addition, it pointed out the shortages and given suggestions on improvements of criminal compulsory treatment procedures in our country in terms of the procedure starting, hearing, implementation,rescue and supervision.