Research On Criminal Compulsory Medical System In China

For a long time,the number of cases of criminal compulsory medical treatment is a drop in the bucket compared with the number of ordinary criminal cases,so it has not received enough attention.The criminal procedure law of the People’s Republic of China,newly revised in 2018,has not further improved the provisions of compulsory medical treatment procedures.With the gradual increase of mental pressure in modern people,the number of people with mental disorders increases year by year.The increasing number of mental patients and violent psychopaths was increasingly prominent and has become one of the major problems affecting social security and stability.But the narrow scope of application,Identification repetition,the leapfrog procedure of criminal psychiatric expertise and disorder of compulsory medical service in practice raises the alarm about system deficiency repeatedly,which demands us to review and consider the improvement and manipuility of criminal compulsory medical system.Studying the deficiency of criminal compulsory medical treatment system and its improvement methods,which is helpful to improve the efficiency of criminal compulsory medical case and its judicial credibility,to promote the medical rehabilitation and rights,to regulate the administration and supervision of compulsory medical institutions would practically achieve what criminal compulsory medical treatment system should have in valueThe current researches on the criminal compulsory medical system mainly focus on a certain part of the system,problems and their solution.Targeted research which would be more comprehensive,still could lead to an unilateral conclusion.The improvement of the criminal compulsory medical system must consider the connection and circulation of various procedures in the whole system.The suggestion to improve can be feasible only if the problems of certain part are analyzed in whole.Therefore,the purpose of this paper is to analyze the whole process of criminal compulsory medical procedure from the beginning to the end,and to put forward Suggestions on the construction and improvement of the whole criminal compulsory medical systemIn this paper,the text is divided into four parts to our country criminal compulsory medical treatment system by analyzing the law,existing cases and criminal enforcement of the front-line judge,prosecutor’s interview,etc.,to find out the deficiency of criminal compulsory medical treatment system in China and put forward corresponding Suggestions.The first part analyzes the concept,value theory and legislation of the criminal compulsory medical system.It not only analyzes the compulsory medical system and the criminal compulsory medical system conceptually but distinguishes them.By analyzing the value theory of social defense,human rights protection and procedural justice of the criminal compulsory medical system,the necessity and superiority of the criminal compulsory medical system are demonstrated.The first part also lists the legislative history and applicable conditions of our criminal compulsory medical system.The second part analyzes the shortcomings of our criminal compulsory medical system.It deeply analyzes the deficiency of applicable object,Identification procedures,Determine,Execution and Termination one by one from begin to end.The problem can only be solved only if the problem and its reason existing in practice about legislation and judiciary of criminal compulsory medical system could be found.The third part is the study of the oversea criminal compulsory medical system.This part mainly studies the criminal compulsory medical system of two common law countries(Britain and the United States)and two civil law countries(Germany and Russia),enumerates the advantages of the criminal compulsory medical system of these four countries,and analyzes the reference significance of these advantages to the improvement of our criminal compulsory medical system.The fourth part is to put forward feasible Suggestions on the improvement of our criminal compulsory medical system.Every system is not born perfect,and it needs to be continuously polished and perfected in judicial practice which is the same in Chinese criminal compulsory medical system.Therefore,this part mainly aims at combining the advanced experience and judicial practice at home and abroad to come up with corresponding suggestion to consummate the existing deficiency in applicable object,Identification,Determine,Execution and Termination procedures.