Research On Criminal Compulsory Medical Treatment System

In 2012,the Criminal Procedure Law established the "Compulsory Medical Treatment Procedure for Mental Patients Who Are Not Criminally Responsible According to Law" in the special procedures,and the 2018 Criminal Procedure Law continued the relevant regulations,basically realizing the judicialization of criminal compulsory medical treatment.Among the judicial interpretations related to criminal compulsory medical treatment,the two versions of the Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of the People's Republic of China formulated by the Supreme People's Court in 2012 and 2020 are almost the same;the Supreme People's Procuratorate in 2019 The Criminal Procedure Rules of the People's Procuratorate slightly deleted the People's Procuratorate's Criminal Procedure Rules(for Trial Implementation)formulated in 2012;the Supreme People's Procuratorate in 2016 and 2018 successively formulated the People's Procuratorate's Compulsory Medical Enforcement Inspection Measures(Trial Implementation)" and the "Regulations of the People's Procuratorate on the Supervision of Compulsory Medical Treatment Decision Procedures".From a legislative point of view,whether it is a law or related judicial interpretations,the focus is often on criminal compulsory medical treatment trials,and the relevant regulations for enforcement are relatively weak;from judicial practice,there are many problems in the enforcement of criminal compulsory medical treatment,practical reforms and experience summary Many are involved,but the symptoms and root causes are still being explored.In theoretical research,the overall study of criminal compulsory medical treatment has been developed into a partial study,but the enforcement of criminal compulsory medical treatment as an important part of criminal compulsory medical treatment still lacks systematic research.Moreover,most of the research objects are carried out around procedures,and little attention is paid to the system.This research takes the "criminal compulsory medical treatment enforcement system" as the research object,adopts empirical research methods,comparative analysis methods,and interdisciplinary analysis methods to analyze and construct theoretical foundations,legislative examples,practical problems and causes,and solutions,which are specifically divided into The sixth chapter conducts research.The first chapter analyzes the basic scope of the criminal compulsory medical treatment system.Sort out three pairs of concepts,namely mental disorders and mental disorders,criminal compulsory medical treatment and criminal compulsory medical treatment execution,criminal compulsory medical treatment execution procedure and criminal compulsory medical treatment execution system,and the focus is to clarify the basic form,change process,and system of this system gist.At the same time,in the determination of the nature of criminal compulsory medical treatment,based on the type of nature defined by the academic community,the definition of this research is established,and the two-dimensional perspective is adopted to define the nature of criminal compulsory medical treatment as substantive in criminal law.Security measures are supposed to be security measures.The second chapter puts forward the theoretical basis of the criminal compulsory medical treatment system.Regarding rights and powers as the core elements of the enforcement system of criminal compulsory medical treatment,the right to mental health and state obligations are regarded as the theoretical basis of this system.In the right to mental health,based on the premise that the right to health is the basic right of the criminal compulsory medical treatment,the mental health right of the criminal compulsory medical treatment is proposed and demonstrated.Through the analysis of the relationship between freedom rights and social rights,the superiority of the mental health rights of criminals subject to compulsory medical treatment is clarified.Among the national obligations,through the evaluation of legal paternalism and national guardianship,it is proposed that the national obligation is the theoretical basis of the criminal compulsory medical treatment system,because the basic rights correspond to the national obligations,and the national obligations and the basic rights of criminals subject to compulsory medical treatment It has theoretical homogeneity;State obligations are an effective way to protect the basic rights of criminals subject to compulsory medical treatment,which is reflected in the fact that state obligations are not only a sufficient condition for criminal compulsory medical treatment persons to obtain mental rehabilitation,but also an effective guarantee for their return to society.The third chapter constructs the basic principles of criminal compulsory medical treatment.Establish procedural statutory principles,standardize the treatment and supervision of medical institutions,and provide a legal basis for identifying "false mental illness" and "psychiatric illness" at the execution stage,so as to prevent the implementation of criminal compulsory medical treatment from drifting outside the Criminal Procedure Law.Establish the principle of proportionality,avoid excessive medical treatment and disorderly supervision,and focus on proportionality testing,so as to provide basic compliance for legislation,administration,and justice.The principle of relative irregularity is aimed at the uncertainty of the execution period of criminal compulsory medical treatment,and the focus is to relieve it through regular diagnosis and evaluation,the implementation of procuratorial supervision,and the removal of strong treatment procedures.The fourth chapter summarizes the execution mode of criminal compulsory medical treatment.Using comparative analysis method to put forward four conceptual models of criminal compulsory medical treatment enforcement system,namely isolation-centrism,asylum-centrism,therapy-centrism,and pluralistic restorationism.Based on the design of elements in the enforcement of criminal compulsory medical treatment in different periods of the same country and different countries in the same period,six mechanisms of criminal compulsory medical treatment are proposed,private guardianship,administrative disposal,administrative-medical,judicial-medical,Judicial-Administrative-Medical,Judicial-Medical-Social.The fifth chapter is an empirical analysis of the execution of criminal compulsory medical treatment system.Using empirical research methods,designing questionnaires to investigate the subjective perceptions of judges,prosecutors,and lawyers on the status of my country's criminal compulsory medical treatment system,and at the same time conducting field visits and on-site interviews to compulsory medical institutions.Through searching the judgment documents,extract the key fields based on the decision to cancel compulsory medical treatment and the decision to continue compulsory medical treatment,and carry out quantitative statistics.The data and information obtained from the empirical research are divided into six dimensions to explain the status quo,namely,the degree of protection to prevent the parties from being mentally ill,the establishment and management of criminal compulsory medical treatment institutions,the social security status of criminal compulsory medical treatment persons,and the diagnosis and evaluation mechanism The status of the operation,the implementation of procuratorial supervision,and the removal of compulsory medical procedures.Then study and judge the problems and reasons in these six areas.The first aspect is that the functions of the criminal compulsory medical treatment enforcement system have not been effectively coupled,which is reflected in the limited effect of involuntary promises in preventing the parties from being "mentally ill",involuntary promises are vague in the criminal compulsory medical treatment stage,and involuntary promises in the criminal The logic of application in the enforcement system of compulsory medical treatment is unclear.The second aspect is that the establishment and management of criminal compulsory medical institutions have not been standardized,which is reflected in the lack of scientificity in the overall establishment of criminal compulsory medical institutions in my country,the management system of compulsory medical institutions(Ankang Hospital)is difficult to meet the requirements of the enforcement system,and criminal compulsory medical institutions There are ambiguities in the positioning and classification of functions,and the operating mechanism of criminal compulsory medical institutions needs to be further optimized.The third aspect is that the social security system for criminals subject to compulsory medical treatment needs to be improved urgently,which is reflected in the difficulty in paying medical expenses for criminals subject to compulsory medical treatment,and my country's current policies and laws have shortcomings in the social security of criminals subject to compulsory medical treatment.The fourth aspect is the lack of a systematic diagnostic evaluation mechanism in the criminal compulsory medical treatment enforcement system,which is reflected in the "diagnostic evaluation" of the seemingly unclear state,the lack of continuity of the initiating body of the diagnostic evaluation,and the difficulty of compulsory medical institutions as the implementation unit of the diagnostic evaluation.The neutrality,the time for the first diagnosis and evaluation,and the period of periodic diagnosis and evaluation lack uniform regulations.In the fifth aspect,the standardization and weakness of criminal compulsory medical treatment enforcement procuratorial supervision are the same,which is reflected in the degree of standardization and systemicity of criminal compulsory medical treatment enforcement procuratorial supervision,there are endogenous problems,the criminal compulsory medical treatment enforcement procuratorial supervision has structural obstacles,and criminal compulsory medical treatment.The implementation of procuratorial supervision lacks effective methods,the criminal compulsory medical treatment enforcement procuratorial supervision team is weak,the first time for the People's Procuratorate to carry out supervision of compulsory medical institutions has yet to be reasonably determined,and the procuratorial supervision effect of the three links of criminal compulsory medical treatment is not satisfactory.The sixth aspect is that the degree of judicialization of the removal of compulsory medical treatment procedures is weak,which is reflected in the lack of effective operational mechanisms for the removal of compulsory medical treatment,incomplete procedural elements for removal of compulsory treatment,and the lack of effective guarantees for returning to society from criminals who have been removed from compulsory treatment..The sixth chapter is the perfect countermeasures of our country's criminal compulsory medical treatment system.Analyze countermeasures in accordance with the logical thinking of basic ideas,basic ideas,specific measures,and supporting measures.In the basic concept,from the three levels of living organisms,social organisms,and rule-of-law organisms,the concept of "organism" of the criminal compulsory medical treatment enforcement system is proposed to further introduce the "triple burnt" theory in traditional Chinese medicine and follow the "triple burnt"integrated thinking,Set the goal of "self-stable state" and focus on the smooth coordination of internal and external systems.In terms of specific measures,the first is to build a legal system for the enforcement of criminal compulsory medical treatment,including the improvement of general legal provisions,the formulation of specialized legal norms,and the connection of systematic legal norms;the second is to expand the subject configuration of the criminal compulsory medical enforcement system According to judicial practice,it is advocated to classify persons with mental disorders with limited criminal responsibility and persons with mental disorders incapable of trial as persons subject to criminal compulsory medical treatment;the third is to reconstruct the procedural mechanism of the criminal compulsory medical treatment system,including the improvement of the criminal compulsory medical treatment system The"three links" linkage mechanism,the establishment of a "five functions" coordination mechanism for criminal compulsory medical institutions,and a sound diagnosis and evaluation mechanism.The fourth is to improve the criminal compulsory medical enforcement procuratorial supervision system,including optimizing the linkage mechanism within the People's Procuratorate system,strengthening the effectiveness of the People's Procuratorate's procuratorial supervision,exploring new ways and methods for the implementation of procuratorial supervision,clarifying the first time and period of procuratorial supervision,and establishing Expert assistant system.Fifth,improve the procedures for the removal of compulsory criminal treatment,including expanding the subject of the removal of compulsory criminal treatment,reforming the trial methods for the removal of criminal compulsory treatment,establishing a social investigation report system,adopting a legal aid system,and strengthening the interpretation of the decision on the removal of compulsory treatment.The sixth is to strengthen the relief mechanism of the criminal compulsory medical treatment system,including the design of reconsideration procedures and the application of the national compensation system.In the supporting measures to improve the enforcement system of criminal compulsory medical treatment in our country,improve the mental health legal system,adjust the primary medical and health service mechanism,and strengthen the social security system for patients with mental disorders,including rational design of the social security system for patients with mental disorders,and strengthening the society of patients with mental disorders Relevant measures of the safeguard system.