Study On Effectiveness Of Agreement Jurisdiction In China

Criminal Compulsory medical procedures has been included in the 2012 “Criminal Procedure Law” as a special procedure.It has made up the blanks of our procedural law.From administrative to judicature,our criminal compulsory medical procedures can protect the rights and interests of mental patients better.In addition,the procedure makes the mental patients to get timely and effective treatment,protect the safety of other citizens and the public,maintain public order and improve our legal system.However,the only six rules about criminal compulsory medical procedures of “Criminal Procedure Law” can't solve the complexity problems in the juridical practice.When the police and judicial organs deal with the case of criminal compulsory medical,they can't specifically operate the cases,leading to the different result of the same cases.It's against the value of justice.Furthermore,it's harder to protect the mental patients rights and public stability.So it's necessary to perfect the legislation of criminal compulsory medical procedure.The article mainly includes four parts.Firstly,in order to study more systematically the criminal compulsory medical treatment system in our country,the author introduces the basic theoretical problems of the criminal compulsory medical procedure,such as the conception,the connotation,the characteristics and the essence of the criminal compulsory medical procedure.She also analyses its difference between the system and administrative compulsory medical procedures.The implementation of the criminal compulsory medical procedure is related to the better protection of the rights and interests of the mentally handicapped,it is necessary to investigate the legislation and practice of criminal compulsory medical treatment in foreign countries to study its useful experience.Secondly,the author compares the system of the common law system countries such as the United States,Canada with the civil law system countries such as Germany,Japan in order to learn from foreign legislation,practice experience and lessons and improve our criminal compulsory medical procedure.Thirdly,it's analyses the status quo of judicial and legislation from the perspective of compulsory medical procedure in China deeply to find out the problems.There are many problems on the criminal compulsory medical procedure itself of our country,such as the procedure deviating from the original intention of its establishment,not being specific enough in the object and condition of application,the attribution of decision and execution power etc.And the related measures are also not perfect,there are some problems such as the principle of temporary protection measures,the confusion of psychiatric appraisal,the difficulty of guaranteeing the compulsory medical expenses and the execution place and so on.Lastly,according to the current situation of our country,the author suggests to improve corresponding principles,and according to the applicable object and condition,the right safeguard,the procedure transformation and so on.She also puts forward the concrete idea to make our criminal compulsory medical system more perfect,legislative and judicial practice more scientific and standardized.