| In recent years,with the rapid development of China’s economy,the process of socialization is accelerating.In the process of dealing with economic development and socialization,people’s pressure is increasing,and a variety of mental diseases are generally increasing.There are more and more cases that people’s social public security and other people’s personal safety are infringed because of the attack of mental illness.In order to adapt to the process of rule of law in modern society and better deal with criminal cases of mental patients,China revised the criminal procedure law in 2012 to formally regulate the criminal compulsory medical procedure of mental patients in the law,so as to formulate more systematic norms for the criminal compulsory medical procedure of China from the legal level.However,compared with foreign countries,China’s criminal compulsory medical procedure starts late and has a low degree of perfection.There are still many defects in the specific provisions of each stage and link of the procedure,and most of them rely on judicial interpretation and other documents.Criminal compulsory medical treatment is different from administrative compulsory medical treatment.It has the characteristics of judicature,independence,humanity and compulsion.It is the system guarantee to guarantee the basic human rights of mental patients,to realize the special protection of mental patients and to realize social defense.Based on the analysis of the classic cases of criminal compulsory medical procedure,this paper summarizes the prominent problems in the application of criminal compulsory medical procedure in judicial practice,and explores a series of problems existing in the criminal compulsory medical procedure at the present stage in our country,such as the vague provisions of applicable conditions,unclear trial rules,executive agencies,and so on It is found that the crux of the problem lies in the imperfection of legislation,which makes the basis of each link in judicial application unclear.On the basis of the experience of typical countries abroad,this article attempts to elaborate the essence of extraterritorial criminal coercive medical procedures in the western region.From the various stages of criminal compulsory medical procedure legislation and judicial application,it puts forward specific suggestions to solve the existing problems in the criminal compulsory medical procedure in China,and further improves the criminal compulsory medical procedure in China. |
