Value Analysis And System Improvement Of Criminal Compulsory Medical Procedures

In 2012,since criminal compulsory medical treatment procedures were included in the "Special Procedures" chapter of the Criminal Procedure Law,China has continuously improved its compulsory medical treatment legislation.In 2018,the Supreme People’s Procuratorate issued relevant regulations on the supervision of compulsory treatment decision procedures,marking the gradual transformation of compulsory medical treatment from completely administrative to judicial in China.The criminal compulsory medical procedure adjusts the legal relationship formed by non-criminally responsible mentally ill persons who infringe upon public safety and the safety of others,not only to maintain social public order and the safety of the public,but also to protect the human rights of mentally ill persons who violate the law in a more standardized manner.Unlike penal measures,it is a security disciplinary procedure whose value goal is to protect human rights and social defence.In China’s judicial practice,the implementation of this procedure still has problems such as narrow scope of application of procedures,ambiguous application conditions,imperfect provisions on initiation and trial links,and imperfect procedures for enforcement,rescission and relief.In some common law and civil law countries,criminal compulsory medical procedures were formulated earlier than in China,and certain legislative experience has been accumulated.Therefore,by analyzing the "crux" of the current criminal compulsory treatment procedures in China,this paper draws on the legislation of extraterritorial criminal compulsory treatment procedures,and puts forward some targeted improvement measures based on the instrumental value theory of procedures,the value theory of human dignity and the value theory of economic benefits,hoping to promote the development of criminal compulsory medical treatment procedures in China.This paper first introduces the development history and basic theory of criminal compulsory treatment procedures,and clarifies the nature of criminal compulsory treatment procedures in China.Secondly,according to the research results of Baylors,Summers,Matthew and other scholars on the value of procedures,the value evaluation criteria of criminal compulsory medical procedures are specifically analyzed.Thirdly,we will sort out and analyze the legislative experience of compulsory medical procedures in some common law and civil law countries,and seek reference points for China’s legislation.Finally,this paper analyzes the shortcomings of the current legislation on criminal compulsory medical procedures in China,integrates procedural value theory and extraterritorial experience,and puts forward some perfect measures.