Study On Procuratorial Supervision In The Mandatory Medical Treatment Procedure

The newly revised "Code of Criminal Procedure" specifically adds "the mandatory medical treatment procedure chapter" to the special procedures in 2012.Since then,the mandatory medical treatment procedure has been formally incorporated into the judicial orbit.However,acts are not enough.The new Criminal procedure law stipulates that the people's procuratorate shall supervise the operation of the mandatory medical treatment procedure.Therefore,the construction of the procuratorial supervision mechanism of the mandatory medical treatment procedures has become one of the hot issues in the field of criminal litigation in recent years.In order to perfect the construction of this mechanism,the highest prosecution has been issued the "People's Procuratorate Criminal Procedure Rules(Trial)","People's Procuratorate compulsory medical enforcement procuratorial approach(Trial)".These provisions further refined the supervision of mandatory medical treatment procedure.It is important to prevent the abuse of the public power of mandatory medical treatment and protect the legitimate rights of the parties.However,the number of the violent mental cases did not reduce since the implementation of the new law.On the contrary,a lot of cases that break the bottom line of morality,law,and humanity have been exposed frequently by the media,which led to a strong concern on the issue of mental illness.All of the violent mental cases revealed the deficiencies of the mandatory medical treatment system.It is not difficult to find that the cause of the cases mainly due to family disputes and work disputes by analyzing these cases.Committing crime by acquaintances has become frequently in recent years.The main reason for this situation is mainly due to the absence of supervision of mandatory medical treatment through in-depth analysis of practice.There are still many problems in Chinese current legislation and judicial practice behind the absence of supervision,especially in the legitimacy and rationality of the supervision system,which led to a inappropriate effect.Compared to the criminal suspect in ordinary criminal proceedings,psychiatric patients in mandatory medical treatment procedure have inherent weakness,because most of them lost identification and self-control ability.It's more difficult for them to maintain their own rights and interests.Therefore,it's necessary for procuratorate to strengthen the construction of supervision mechanism in order to fully realize the function of social security and the protection of human rights.Procuratorate should pay attention to finding and correcting illegal behavior timely during the process of supervision.At the same time,we should learn some useful experiences from other countries actively,and use diversified supervision measures to deal with complex types of cases for the purpose of the mandatory medical treatment.This paper mainly uses the method which has theory and empirical research.It analyzed the construction of the mandatory medical treatment's supervision mechanism in-depth.At the same time,this paper put forward a series of recommendations of the mandatory medical treatment on the basis of learning useful experiences from other countries and reflecting on the characteristics of content and structure of supervision mechanism.In addition to the introduction,this paper is divided into five chapters.The first chapter mainly introduces the practice of mandatory medical treatment's procuratorial supervision mechanism since the promulgation of the new criminal procedure law.It is pointed out that the legal supervision organ in our country is the procuratorial organ by introducing the legislative background of mandatory medical treatment.After obtaining legislative authorization,the procuratorial organs shall supervise illegal behavior during the mandatory medical treatment in accordance with due process so as to prevent the abuse of public power.Furthermore,pointing out that procuratorial organs play an important role in mandatory medical treatment's supervision mechanism by listing two typical cases.The second chapter mainly introduces the problems existing in the mandatory medical treatment procuratorial supervision mechanism.It mainly introduces the operation situation of mandatory medical treatment's supervision mechanism and the main problems of legislation and judiciary.On the one hand,it's found that there are many issues exist,such as entity system defects,the application of procedural defects and insufficient litigation rights.On the other hand,there are many practical problems in reality.The decentralization of mandatory medical treatment enforcement agencies led to the absence of supervision.And the effectiveness of procuratorial supervision is weak and unprofessional.The third chapter introduces the outside experience of mandatory medical treatment's supervision mechanism.Firstly,analyze differences between our country's regulation and others by introducing foreign legislation.Secondly,sum up common characteristics among these countries.Thirdly,find out our current legislation's defects to consummate our mandatory medical treatment's supervision mechanism.The fourth chapter mainly introduces the contents of the mandatory medical treatment's procuratorial supervision mechanism.Pointing out that mandatory medical treatment's procuratorial supervision mechanism contributes to standardizing the implementation of mandatory medical treatment and balancing the relationship between social defense and protection of human rights.It also can improve the theoretical research level of mandatory medical treatment.Furthermore,this chapter also introduces the content of procuratorial supervision in each stage of mandatory medical treatment.As the new system's running time is short,litigation will lead to various problems.Therefore,it's necessary to supervise the whole mandatory medical treatment procedures.The fifth chapter puts forward the concrete way of perfecting the mandatory medical treatment's procuratorial supervision for the main problems at present.Firstly,it emphasized that procuratorial organ's role should be clear in the mandatory medical treatment.Offenders in mandatory medical treatment cases will not bear criminal responsibility.And the main purpose of mandatory medical treatment is not social defense but the rescue and treatment of mental patients.Secondly,I argue that current legislation should be further refined by strengthening effect of supervision and standardizing the implementation of mandatory medical treatment procedure.Thirdly,as the legal supervising organ,procuratorial organs shall supervise the whole process of mandatory medical treatment.In view of this situation,this chapter also puts forward corresponding supervision measures for each stage of litigation in mandatory medical treatment procedures.At last,the chapter also pointed out that if procuratorial supervision can play a desired effect,we should promote the construction of specialized units in procuratorial organs and perfect mandatory medical treatment enforcement agency.All mandatory medical treatment measures should be included in the supervision of the.procuratorate.On the one hand,these measures are conducive to establishing the judicial authority,curbing judicial corruption and fully protecting human rights.On the other hand,it's conducive to maintaining social justice and harmony.