Research On The Improvement Of The Procedure For Releasing Criminal Compulsory Medical Treatmen

The establishment of compulsory medical procedure in Criminal Procedure Law is a great progress of our social civilization,which represents that our law has begun to pay more attention to violent mental patients groups.The treatment of mentally ill persons who have committed acts of violence against society through compulsory medical procedures is an expression of the protection of human rights and the protection of social security.The establishment and implementation of this procedure has indeed reduced the incidence of mental patients’ violence against society,and has made important contributions to the maintenance of social security and social harmony and stability.The compulsory medical treatment procedure is a complete criminal procedure,and the discharge procedure is an essential part of the procedure.The discharge procedure aims to help the persons under compulsory medical treatment who have recovered after treatment to timely discharge the compulsory medical treatment and return to their families and society,which is of great significance for safeguarding human rights and maintaining social fairness and justice.The removal process of compulsory medical treatment should maintain social harmony and stability,protect the human rights of the people who are forced medical treatment,and should pay attention to judicial efficiency,efficiency and fairness can not be separately discussed,but from the perspective of our legislation and judicial practice,the removal procedure of compulsory medical treatment is easy,difficult to remove,there are problems in its operation not smooth,and its legal and social effects are not good.The reasons are as follows: first of all,mental illness is latent and repetitive.Years of research and practice in the medical field have shown that mental illness is difficult to be cured completely,and the treatment cycle required for mental illness rehabilitation is also very long;Secondly,in our legislation,the laws and regulations of the compulsory medical discharge procedure are relatively few,still not perfect,and the relevant provisions are more principle,not specific enough,lack of maneuverability,which may lead to the judicial personnel in unscientific judgment and decision-making;Thirdly,the theoretical research on the compulsory medical procedure is mostly focused on the entrance link.The discharge procedure of compulsory medical treatment has important value worth academic research,but on the contrary,there are few analysis,discussion and research on the discharge procedure,which provides little application value for judicial practice,which is also one of the reasons for the difficult discharge of compulsory medical treatment.To sum up,the dilemma of compulsory medical treatment is urgent to be solved.Based on the investigation of legislation and judicial practice,this paper proposes that there are some problems such as value goal deviation,fuzzy discharge standard,non-standard evaluation mechanism and hearing procedure,and difficult for compulsory medical treatment to return to society.Combined with the overseas legislative experience,this paper proposes that it should be improved from reshaping the value objectives,clarifying the responsibilities of relevant subjects,perfecting the evaluation mechanism,standardizing the trial procedure,and perfecting the transition mechanism of the re-socialization of the persons removed from compulsory medical treatment,so as to smooth the channels for the removal of compulsory medical procedures.