Research On Procuratorial Supervision Of Compulsory Medical Procedure

The procuratorial supervision of compulsory medical procedure is an activity that the People's Procuratorate supervises the legality of compulsory medical treatment and supervision activities carried out by psychiatric patients who are not criminally responsible according to law,in accordance with the provisions of relevant laws and regulations,in accordance with the compulsory medical decisions made by the People's Court by compulsory medical institutions.In order to ensure the standardization of compulsory medical activities for mentally ill persons who do not bear criminal responsibility,China's Criminal Procedure Law in 2012 established compulsory medical procedures for mentally ill persons who do not bear criminal responsibility(hereinafter referred to as compulsory medical procedures).Through the application of the procedures,on the one hand,the mentally ill persons who do not bear criminal responsibility can avoid harming society twice,on the other hand,they can be treated promptly.Therapy is conducive to its better return to social life,so it has dual attributes of prevention and treatment.At the same time,it should be noted that the compulsory medical procedure for the mentally ill without criminal responsibility is an involuntary treatment process by means of restricting the personal freedom of the patient.Therefore,whether the relevant organs can exercise relevant functions and powers according to law and whether the specific procedures are applied properly are not only related to the effect of the application of the procedure,but also to the spirit of non-criminal responsibility.The protection of patients' legitimate rights and interests.From the perspective of judicial practice,to a certain extent,criminal suspects "fake mental patients" escaped legal sanctions and ordinary people "were mentally ill" and erroneously compulsory medical treatment in some areas.Based on this,it is necessary to strengthen the supervision of the procuratorial organs on compulsory medical procedures for psychiatric patients who do not bear criminal responsibility.By strengthening the supervision of the procuratorial organs,the proposed compulsory medical groups should be strictly limited to the scope of violence,endangering public safety or seriously endangering the personal safety of citizens,and the compulsory medical objects should not be randomly expanded,and the whole process of supervision should be paid attention to such procedures as appraisal,trial and other possible errors or omissions.It not only ensures that every psychiatric patient is restrained and treated,but also protects the normal people from being wronged by psychiatry,and prevents their legitimate rights and interests from being infringed.This paper makes a preliminary study on the procuratorial supervision of compulsory medical procedures,aiming at finding out the relevant countermeasures to solve the problems existing in the compulsory medical supervision of procuratorial organs in China.This paper mainly includes the following contents: Firstly,in the overview part,it defines the meaning and characteristics of compulsory medical procuratorial supervision,analyses the necessity of strengthening the supervision of compulsory medical procedures by procuratorial organs,combs and analyses the relevant links of compulsory medical procedures procuratorial supervision,and points out the problems of compulsory medical procedures procuratorial supervision combined with judicial practice.On this basis,the author puts forward some suggestions on how to improve the procuratorial supervision of compulsory medical procedures from the aspects of broadening the sources of cases clues,enhancing the effectiveness of compulsory medical procuratorial supervision,improving the relevant working mechanism and supporting system.