Research On Compulsory Medical Procedures

Have taken place in our country in recent years, many psychiatric patients were killing and wounding vicious incident, has evolved into a serious public health problem and social security. In 2011, according to tencent news reports, severe mental patients in our country has more than 16 million, but not more than 120000 hospitalized. The indications are that our country to solve the problem of disposal of this kind of special groups.Although the new "criminal procedural law" in China provided special procedure in the fourth part of "criminal responsibility is not in accordance with the spirit of the patient's mandatory medical procedures", but there is a lot of shortcomings. Intention in this paper, by means of Britain, the United States, France, Germany and compulsory medical system research, draw lessons from the practice of the advanced countries of two important legal systems, combining with the condition of our country at the same time, aiming at the existing problem of mental patients in our country compulsory medical program build a reasonable system, so as to realize the mental patient rights and interests protection and the social harmony and stability of the "win-win" good situation.Based on the new "criminal procedural law" the new compulsory medical procedures as the breakthrough point, besides preface and epilogue parts, divided into the following four parts:The first part is the overview of the mental patient compulsory medical procedures. The author through three aspects of content analysis of the parts; one is the background and motivation; two it is to explain the concept of compulsory medical procedures; three is a function of the system include: human rights protection, social defense, and achieve the perfect combination of substantive justice and procedural justice, the content of these three aspects to the back of the paper laid a theoretical foundation.The second part reveals the existing problems of the mental patient compulsory medical procedure in China. On the pretrial procedure, applicable object is too narrow, lack of equivalence power appraisal procedure, the public security organ temporary protective restraint measures is too general, legal aid is introduced into too late; in the trial, expert witnesses to testify, without the introduction of expert jury trial; on the enforcement procedure, medical term and regular diagnosis is unknown, lack of supporting measures for the treatment of management; in terms of right remedy and power supervision, there is also a lack of right of appeal, the procuratorial supervision system defects such as incomplete.The third part is a typical country outside the mental patient compulsory medical procedures. Four typical from Anglo-American law system and continental law system country in the aspects of the regulation of compulsory medical treatment system, sums up the countries outside in the form of inductive reasoning about the system of the main line and commonality and enlightenment. These countries will the system into the scope of judicial review procedure strictly, to safeguard the lawful rights and interests of mental patients, especially worthy of our reference when perfect compulsory medical procedures.The fourth part is the Suggestions of perfecting our country's mental patient compulsory medical procedures. Respectively for the second part of the four questions, draw lessons from foreign advanced practice, combining with the judicial practice in our country, put forward the perfect measures.