Research On The Criminal Compulsory Medical System In China

The criminal compulsory medical system is a legal treatment system established by the State for the purpose of protecting the personal rights and interests of mental patients and maintaining public safety.Since the official implementation of the criminal compulsory medical system on January 1,2013,the legal and social problems caused by the plight of mental patients have been solved judicially,and the drawbacks caused by the administrative operation of compulsory medical treatment have been eliminated.It conforms to the needs of ruling the country according to law and is also in line with the international practice in this regard.However,due to the imperfect design of the system in the legislation,the problems in judicial practice are highlighted,the operability is not strong.For example,it is difficult to identify,difficult to implement,and difficult to supervise.The phenomenon of “false mental illness” and “being mentally ill” is also reported in the newspaper.This distorts the value of the system.For this reason,it has research value and significance.This paper is mainly composed of an introduction and three parts.In the introduction,the author explains the necessity of research by introducing the background and meaning of the topic.Through the research on the status quo and experience of domestic and foreign research,the basic ideas of the criminal compulsory medical system in China are expounded.The first part is an overview of the overall situation of China's criminal compulsory medical system.It includes the concept,basic elements and legal nature of the system.Through the elaboration of the whole system,lay the foundation for the writing,and the responsible subjects of all parties outline the perfect direction of the system.The second part is the main problem existing in the system.Due to the fragmentation and imperfection of the legislation,combined with the deviation of the value orientation in the judiciary and the pursuit of the concept in the society,The criminal compulsory medical system has difficulty in launching the judicial psychiatric identification before the trial,the judicial psychiatric appraisal institution is confused,and the appraisal standards are different;The application conditions lack the criteria for judging,the content of the trial procedure is not specific,and the subject of the proof is unclear;the implementation and supervision have problems such as imperfect executives and vague supervision;the parties' rights and remedies include the parties' participation rights,lack of relief rights and deficiencies problems.The above problems have led to criminal compulsory medical treatment in the judicial practice is not easy to operate,it is difficult to play its due role.The third part is based on the analysis of the above problems,According to the specific situation in China's judicial practice and the useful experience of relevant countries outside the region,the idea of perfecting the system is proposed.In the process of amending relevant laws in the future,we should pay attention to the improvement of the system in safeguarding human rights and maintaining public security,and achieving the unity of substantive justice and procedural justice.In the judicial psychiatric identification,the party shall be given reasonable power to initiate the identification of the psychiatric appraisal,improve the judicial psychiatric appraisal and appraisal institutions and the establishment of the appraisal standards;in the trial procedure,the applicable conditions,the mode and structure of the trial,and the subject of the burden of proof shall be constructed;The procuratorate supervision shall improve the implementation and supervision subjects;and protect the parties' participation rights and litigation rights in respect of the rights and remedies of the parties.Through the improvement of the decision,implementation,supervision and relief of the criminal compulsory medical system,the compulsory medical system can be more standardized and smooth.