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Construction Of Compulsory Medical Procedure In Our Country

Posted on:2012-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:M Q JiangFull Text:PDF
GTID:2166330335488535Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Because of mental defects and can not understand and control their own behaviors, Mental patients have a certain degree of risk society. When the penalty can not be applicable, compulsory mental treatment is for patients who make accidents, in order to achieve social defense, and protect of human rights measure the effectiveness of a criminal entity. Since the current 97 years of compulsory medical enactment of criminal law, procedural law does not provide relevant, resulting in many problems in practice. In this paper, the concept of compulsory medical treatment, characteristics, nature, and function will analyze the existing issues, and draw on the basis of foreign law, targeted compulsory medical treatment to build the proceedings of the related systems.Chapter One: Overview of compulsory medical treatments. This section mainly describes the concept of compulsory medical measures, and on the basis of their function and value analysis to a discussion of the basis for the full discussion.Chapter Two: Treatments of compulsory medical legislation. Compulsory medical treatments from our analysis of the status of the relevant legislation, the legislation of the following main shortcomings: Suitable for a single, suitable condition fuzzy, the decision of the main unknown, for lack of such procedures.Chapter Three: Extraterritorial procedural law on compulsory medical measures in the study and reference. From the perspective of comparative law in Germany, Russia, Mongolia, the extraterritorial substantive and procedural law related to data analysis and reference.Chapter Four: Building the proceedings of a number of mandatory medical ideas. On the basis of foreign law, based on China's judicial status quo, for the existing lack of legislative reform for the program's specific design and other related issues of settings, from the details of the applicable conditions of compulsory medical treatments, the program's start, the court Trial, carried out during construction, etc...
Keywords/Search Tags:Compulsory Mental, Legislative Defects, Study Reference, Construction Procedure
PDF Full Text Request
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