Study On The Criminal Compulsory Medical Procedure In China

The Criminal Procedure Law,which was formally implemented on January 1,2013,added a criminal compulsory medical procedure for mental patients who do not bear criminal responsibility according to law.The establishment of this system contains the value concept of protecting human rights and makes up for the Criminal Procedure Law "In the criminal mandatory medical procedure blank.The criminal compulsory medical procedure has made a lot of principle provisions in the legislation,but there are still deficiencies.If the applicable standards are ambiguous,the trial subject is not professional enough,and the trial method is not clear,there are many contradictory issues from initiation to execution to relief.In order to protect the lawful rights and interests of mental patients under compulsory medical care,efforts should be made to perfect the criminal compulsory medical procedure,to refine the provisions of the procedure and to fill in the gaps in its legislation,so that the system can better adapt to the needs of China’s practice and the purpose of protecting human rights.Aiming at the legislation and judicial practice of criminal compulsory medical procedures,through comparison with foreign criminal compulsory medical systems,it provides feasible suggestions for improving China’s criminal compulsory medical procedures.The details are as follows:First,clear the applicable standards;second,improve the structure of the trial personnel and clarify the trial method;third,give the parties the right to start judicial appraisal and unify the appraisal standards;Judicial supervision;Fifth,give the victim the right to initiate advice,participate in court hearings and the right to file incidental civil proceedings,strengthen the guarantee of the compulsory medical mental patient’s right to appear in court,establish a visit system for compulsory medical mental patients and extend the compulsory medical spirit The stage of the patient receiving legal aid.This paper summarizes the above perfect suggestions on China’s criminal compulsory medical procedures by drawing on foreign excellent legal systems,in order to achieve the purpose of making up for legal loopholes and protecting human rights,and provide legal basis for China’s criminal compulsory medical procedures.