Knotty Problems And Countermeasures Concerning The Treatment Of Psychotic Patients After The Implementation Of Dangerous Act

The treatment of psychotic patients after the implementation of dangerous act is not only a judicial issue,but also a medical problem,and it is a social problem that needs to be solved.A mentally ill person who is not criminally responsible for committing a dangerous act is not subject to penalties because he does not have the responsibility element in the sense of refusal.However,this does not mean that he should be allowed to leave,but should have a substitute for punishment.Effective control measures to eliminate their personal dangers and defend the society.According to the current laws of China,the treatment of psychotic patients after the implementation of dangerous act mainly includes compulsory criminal medical treatment and guardianship.However,there are many problems in the above methods,which need to be analyzed and improved in order to improve the actual effect of the relevant "treatment" measures.Article 18 of China’s "Criminal Law" provides for the treatment of psychotic patients after the implementation of dangerous acts.In 2012,the newly revised"Criminal Procedure Law" established a compulsory medical treatment for psychotic patients who are not criminally responsible according to law.However,in reality,there are many difficult problems in the way of dealing with psychotic patients in China after the implementation of dangerous acts,including the difficulty in applying criminal compulsory medical treatment,improper performance of guardianship duties of mental patient guardians,and imperfect social management methods.To solve the problems existing in the treatment of psychotic patients after the implementation of dangerous acts,it is necessary to clarify the target orientation of the treatment of psychotic patients after the implementation of the dangerous acts.The objective of dealing with psychotic patients is to achieve the dual purpose,which embraces both the protection of psychotic patients’ rights and the safety of the society.To this end,it is necessary to learn from foreign mature experience and practice,based on the awareness of China’s problems,further improve the criminal compulsory medical system,improve the mental patient supervision rules and guardianship supervision system,and reform the social management and control methods after psychotic patients implement dangerous acts.In addition,by perfecting,implementing and strengthening the effect of"enforcement" other than "compulsory medical treatment",it can at least provide a certain institutional basis to solve the problem of the difficulty of the start-up of forensic psychiatric expertise,and the the difficulty of starting the forensic psychiatric expertise can be solved to some extent.