On The Removal Procedure Of Criminal Compulsory Medical Treatment

For the special group of mental patients,we should give more humanitarian care and fully protect their due rights.The releasing procedure,the ultimate connection of the criminal compulsory medical process,is to guarantee that the compulsory medical individual can terminate the compulsory medical treatment promptly and return to their social life without difficulty after fulfilling the releasing requirements.The successful implementation of the criminal compulsory medical treatment removal process is beneficial to the preservation of social security and the safeguarding of mental patients’ individual liberty.However,the academic circle and the practical circle pay insufficient attention to the releasing procedure.The provisions of criminal compulsory medical treatment releasing procedure are rarely and rough.The research of the theoretical community also focuses more on the object,conditions,implementation and other aspects of compulsory medical treatment,and rarely put forward construction opinions on the termination of compulsory medical treatment.It leads to the poor application and operation effect of the criminal compulsory medical releasing procedure.To clarify the reasons for the poor operation of the releasing procedure,first analyze the criminal compulsory medical releasing procedure,and explore the internal meaning and value concept of the procedure.Secondly,by analyzing the written decision of Liaoning Province on the releasing case of criminal compulsory medical treatment in recent 7years and other typical cases,summarizes the problems in practice and analysis causes,find out the criminal compulsory medical release procedure in the legislation,for remove standard alienation,trial procedure "administration",evaluation mechanism is not standard,procuratorial supervision rules and lack of relief mechanism,etc.For the above issues,through consulting the relevant domestic and foreign literature,selecting the representative countries of the two Legal Systems,learning the advanced legislative experience and characteristic system of the releasing procedure of each country,we gained some useful enlightenment.In order to smooth the operation of the releasing procedure,this paper,based on the design of the system of our country,refines the legislative provisions from the concept of strengthening human rights protection,hoping to put forward solutions and suggestions for the problems of different judgments in practice and the releasing of compulsory medical treatment for mental patients.In terms of the specific legal system,we should standardize the trial methods and evaluation mechanism,clarify the contents and methods of lifting the standards and inspection and supervision,and introducing neutral identification institutions,etc.So as to provide clearer guidance for judicial organs to hear cases and procuratorial organs to conduct legal supervision in practice,so as to reduce the occurrence of judicial chaos.In addition,in order to highlight the concept of the rule of law of human rights protection,to set up diversified relief channels,and to build a supporting social service system and social security mechanism for mental patients after the release of compulsory medical treatment.The basic rights of mental patients should be protected from being excessively restricted,and the compulsory medical patients should be integrated into social life as soon as possible after the removal of compulsory medical treatment.