Research On The Execution Procedure Of Criminal Compulsory Medical

As a part of criminal compulsory medical procedure,criminal compulsory medical procedure has its independent significance and value.The criminal compulsory medical execution procedure refers to a set of procedures that should be followed by the relevant subject in the whole process of a mental patient who is determined to be compulsory medical care according to law,by a statutory enforcement agency to a specific executive body for compulsory medical treatment until it is lifted.The execution procedure of criminal compulsory medical has the characteristics of legality,flexibility and independence.At present,China’s "Criminal Procedure Law" and its judicial interpretation of the criminal compulsory medical enforcement procedures are relatively simple,lack of operability in practice,to be further improved.Specifically,first,the scope and medical qualifications of criminal compulsory medical enforcement sites are not clear.In accordance with the legislative provisions and practical experience at home and abroad,it is suggested that the Ankang Hospital should be listed as the primary place for the implementation,and designated other local psychiatric hospitals with medical conditions as executive sites.Second,in the concrete implementation process,there is no restriction on the terms of implementation,the regular diagnosis appraisal system is imperfect,there is no provision for the suspension.In this regard,may consider the maximum period for the enforcement of criminal compulsory medical for three years,in particular by the court decided to extend;diagnosis should be made at least once every six months,and doctors or specialists from other mental health institutions will be diagnosed together at the time of the diagnostic evaluation;specific circumstances for the suspension of compulsory medical enforcement,such as pregnancy,suffering from other serious somatic diseases,infectious diseases that may spread over a large area,etc.Third,the execution of the procedure is not perfect.It is suggested to further guarantee the right of dissolution of mental patients and to refine the judging procedure of dissolution,The construction of the litigation of the lifting of the proceedings,the establishment of the lifting of the implementation of the monitoring procedures,the construction of the litigation of the lifting of the proceedings,the establishment of the lifting of the implementation of the monitoring procedures.