Research On The Criminal Compulsory Medical Trial Procedure System In China

The process of compulsory medical treatment is to determine whether the respondent(defendant),who is not criminally responsible,should be subject to compulsory medical treatment.The focus of the trial is to examine the mental status of the respondent(defendant)and its personal dangerousness.In addition to the differences mentioned before,the trial also characterized by its unapparent confrontation between prosecution and defense and the differences in the result of the procedure.Due to the limitations of the current criminal procedure law in the legislative style and structure,the scope of legal interest protection and other aspects,there are some problems in the compulsory medical treatment trial procedure in China,such as the non-standard legislative system,unreasonable provisions of the trial procedure,imperfect provisions of the parties in the trial procedure,and unreasonable rights protection.The non-standard legislative style is manifested in the duplication of legal articles,the lack of relevant legal texts and the existence of extra-judicial interpretation between texts.The imperfection of the main body of each party in the trial procedure is reflected in the lack of clear provisions on the members of the collegial panel and the vague provisions on the obligation of expert witnesses and auxiliary experts to appear in court.The unreasonable protection of rights is reflected in a series of problems such as the low rate of the respondent appearing in court,the lack of protection of the rights of the victim and the partial administration of the relief procedure.From the perspective of comparative law,the Anglo-American law system and the continental law system outside the region have well protected the rights of mental patients in the process of compulsory medical treatment,and their trial organizations are more professional than those in China.In the context of China’s combination of extraterritorial experience of Anglo-American law system and continental law system,further consummates our country compulsory medical proceedings start from the following several aspects: one is to optimize the trial mode,realize the separation of criminal procedure and special procedure,according to the special procedure attributes of a collegial panel of structure,perfect the expert witnesses to testify obligations,clear public hearing as the principle;The second is to protect the rights of the parties,not only to protect the rights of the respondent(defendant),but also to protect the rights of the victim in this procedure;The third is to perfect the relief procedure and realize the judicialization of the relief procedure.