Research On The Criminal Compulsory Medical Procedure

2012 newly-revised Criminal Procedure law add in the new criminal compulsory medical procedure, The criminal compulsory medical procedures formally established. Then the Supreme People’s Court, the Supreme People’s Procuratorate, Ministry of Public Security has issued a judicial interpretation of the criminal provisions and forced medical procedures done more detailed rules to further improve the system of compulsory medical criminal legislation. The criminal compulsory medical procedures to implement three years revealed a lot of problems, both their problems the legislation itself, but also criminal compulsory practical problems. This article just want to find these problems through research, analyze the reasons for these problems, so as to provide a method and recommendations to solve these problems.Firstly, through the analysis of criminal coercive medical procedures legislative background, parse the achievements and shortcomings of existing relevant laws. Existing provisions on criminal compulsory health forced medical procedures identified as the legal status of the proceedings, the establishment of our criminal compulsory medical system to solve our long-standing criminal coercive medical procedures missing issues. However, the existing provisions are still have many deficiencies, such as the mandatory medical procedure is more focused on protecting society, the mandatory medical procedures and other provisions are still not specific enough. Where criminal compulsory medical procedures relevant judicial interpretation from the property status of the breakthrough problem should cause us concern and attention. Its judicial interpretation from the property status once a breakthrough.Subsequently, the paper analyzes the criminal compulsory medical procedure legislation implementation. In this paper, based on the case material and substantive departments to find criminal compulsory medical procedures in the operation of the law. Based on the "Qiu Xinghua case" and the "Nanjing BMW case", find our Forensic Psychiatry start difficultly and psychiatric institutions shall identify mentally ill criminal responsibility in determining the right to these two issues. Author and from "Zhu Mou case" find that the trial judge compulsory medical cases for criminal compulsory medical "necessity" of the review of the lack of appropriate standards. The author through detailed analysis of the criminal proceedings compulsory medical cases, noting that our criminal proceedings compulsory medical cases not implement "without disease presumption principle". In the case, the judge focused on if the psychiatric patient meets compulsory medical conditions, the facts of the case and "the conviction and sentencing" and other related issues will not be the focused. These issues are material issues and cases I looked substantive departments found, the author has the form of cases of these problems show up, so that these problems are more images, then specific. These real cases and materials more conducive to recognize the real problems, and ultimately makes the recommendations made by the author more realistic.In the last part of the article, the author firstly reviews the reasons what lead to the realistic predicament. In real life, karma concept deeply rooted and social importance of long-term mental illness is the social reasons. Make their own recommendations to solve the presence of the real problem. These recommendations not only focus on improving the social concern of mental patients, and focused on the real issues of specific measures. The author recommends that the government and the society should give more attention to psychiatric patient, effectively protect the rights of the psychiatric patient. I only hope that the recommendations can provide a useful reference for improving criminal compulsory medical procedures.