Research On Perfection Of System Of Temporary Protective Constraint Measures For Mental Patients

Since the introduction of the new Criminal Procedure Law in 2012,the academic community has paid little attention to a new system created by the new Criminal Procedure Law – the temporary protective restriction measures before compulsory medical treatment.For suspicion and ambiguous temporary protective restraint measures,legislation and implementation should be more cautious because of the balance between the use of state public power and protection of citizens' personal freedom.Temporary protective restraint measures refer to measures taken by public security agencies against mental illnesses of suspected violence or suspects suspected of being mentally ill,so as to avoid or prevent harm to the self-safety of others and mental patients,and to deprive them of their personal freedom within a short period of time.Coercive measures for treatment.This measure is very similar to the philanthropy identification lien system.The philanthropy identification lien system refers to the system of observing and appraising the mental status of criminal suspects and defendants,and forcibly placing them in specific places such as mental hospitals.The philanthropy identification lien system applies to the psychiatric appraisal process.But temporary protective measures are considered by some scholars to be applicable to the determination of psychosis.Some scholars also believe that it applies to the entire process before the determination of psychiatric diseases to compulsory medical measures.In practice,the second application method is also adopted.However,it can be determined that both apply to the procedures before the criminal suspects are brought to the mental health compulsory medical decision.Given that China has not identified the lien system,it is a complete gap.This article attempts to improve China's temporary protective restraint measures by borrowing from foreign mental illness identification liens.This article is mainly divided into four parts:The first part introduces the current basic situation of temporary protective restraint measures,including the concept and nature,legal sources,implementation process and status quo,and summarizes the current theoretical controversy on the nature issues.The second part introduces the defects and deficiencies of the current temporary protective restriction measures.Including applicable conditions,deadlines,implementation sites,decision procedures,supervision and relief,legal effectiveness,and other issues.The third part focuses on the German system of observational transfer similar to the temporary protective restraint measures,Japan's detention system for identification,the Russian system of placing suspects in mental hospitals,and the identification of Taiwan.Litigation system,etc.,and refining the common characteristics of these systems.In the fourth part,by referring to the identification and placement system of foreign countries and regions,and combining with the judicial practice in China,the suggestions for improving the temporary protective restraint measures are proposed.