Problems And Improvement Of Criminal Compulsory Medical Treatment

The occurrence of malignant cases always attracts the public's attention.While the malignant cases caused by mental patients who do not bear criminal responsibility are more likely to cause social concern because they are not investigated for criminal responsibility.China has been working hard to regulate the balance between the individual rights of such mental patients and social interests through laws and regulations,From "the Criminal Law" in 1979 "should order his family members or guardians to be strictly supervised and medically treated" to the 1997 "Criminal Law" added "compulsory medical treatment by the government when necessary" can be seen as an important step.However,how to define whether it is necessary and how to determine,implement,and dismantle compulsory medical treatment has not been governed by uniform laws and regulations.Until the amendment of the Criminal Procedure Law in 2012,compulsory medical procedures were regarded as one of the special procedures,and the judicial practice of compulsory medical treatment for mental patients who carried out malignant cases entered a new stage.It has been several years since the amendment of the Criminal Procedure Law in 2013,and academic discussions on the rationality and integrity of compulsory medical procedures have continued.Because I have handled many compulsory medical cases in my work,I deeply feel the social harm of such cases.Based on the point of absence of investigation and no right to speak,this article collected all the compulsory medical cases that occurred in N city since 2013,communicated with some of the case handlers,and visited some compulsory medical institutions,striving to find common problems and other key information in the compulsory medical system in practice,based on this,I have summarized the main problems and deficiencies in the compulsory medical system in China:The problems of judicial appraisal procedures,evidence systems,court procedures,enforcement procedures,and legal supervision.According to the main problems exposed in judicial practice,put forward several opinions to improve China's compulsory medical system,and strive to achieve a more balanced relationship between compulsory medical treatment and rights protection.The author believes that,as a special criminal procedure,fairness and justice must be given priority,and substantive justice depends on procedural justice.Therefore,to solve the outstanding problems of the current compulsory medical procedures in China,and to further improve the compulsory medical procedures,the most important thing is to improve the relevant laws and regulations,check for leaks and fill in gaps,straighten out every link to make it clear,and have laws in practice to maintain the society The interests are unified with the protection of individual rights.The reform of the criminal procedural system centered on trials,and on the premise of adhering to the legality of the procedure,give full play to the judge's trial function,and make more fair and reasonable decisions on the application of the compulsory medical procedure of the respondent by listening to the opinions of experts and improve the system of expert assistants.At the same time,promote the introduction of local government regulations to further regulate the conditions,venues,personnel,and equipment of compulsory medical institutions,clarify the scope of compulsory medical institutions in the form of a white list,and uniformly determine the methods for sending medical institutions and the norms of payment settlement.Effectively strengthen legal supervision during the implementation process,guarantee the rights of compulsory medical treatment,ensure that compulsory medical treatment is carried out according to law,and provide necessary assistance for the compulsory medical treatment to integrate into normal social life.