Research On Criminal Compulsory Medical Procedures

With the continuous development of China’s economy and society,the problem of mental illness is becoming more and more serious.Mental patients in criminal proceedings are often treated differently due to their lack of autonomy,and it can be said that the embarrassing situation of mental patients in proceedings is becoming a major issue affecting social stability and human rights protection.The 2012 amendment of the Criminal Procedure Law introduced the procedure of criminal compulsory medical treatment,making it possible to judicialize the application of criminal compulsory medical treatment,which helps to alleviate the embarrassing situation of the lack of procedural legislation in this area.However,nearly a decade has passed since the formal implementation of the procedure,and the specific situation of the application of the procedure to mental patients needs to be summarized and summarized on the basis of legal understanding and empirical analysis to ensure its effective implementation for the purpose of protecting social safety and safeguarding patients’ rights and interests.The criminal compulsory medical procedure,as a unique security disciplinary system,is different from the coercive measures in criminal proceedings,and has the value theory of realizing human rights protection,maintaining procedural justice,and achieving social defense.Through the study of the current state of legislation,the empirical analysis of judicial practice,China’s criminal compulsory medical procedures today,there are several aspects of the following problems:first,the provisions of the applicable conditions are not perfect,specifically the behavior of the conditions of restriction is too strict,the lack of substantive review of the psychiatric evaluation,restriction of the criteria forjudging the three situations;second,the scope of application is narrow,for the restriction of criminal responsibility capacity of Third,the discharge procedure is not standardized enough,and there are still many uncertainties and arbitrariness in practice;fourth,the lack of relief for the parties’ rights,the lack of legal aid and the vapidity of court hearings.The root cause of the above problems lies in the lack of detailed legislation and regulations and the lack of familiarity and understanding of law enforcement officers for the compulsory medical procedures.Therefore,in order to solve these problems,we need to first improve the legislative provisions of the procedure,improve the applicable conditions and expand the applicable objects;secondly,we need to standardize the discharge procedure,take into account relevant factors and clarify the mechanism of regular diagnostic evaluation;finally,we should protect the rights of the parties,strengthen the supervision of the legal aid work and promote the substantiation of compulsory medical review hearings.