Non - Criminal Responsibility For Mental Patients For Compulsory Medical Research

With the development of mental health services and the accelerated pace of modernsocial life, the problem of the mentally ill is widespread concern in society, increasinglybecome a major social issue impact of China’s social freedom, human rights, security andsocial stability. At the sametime, a number of compulsory medical treatment have emerged.However, for a long time the compulsory medical situation for mental patients in China isnot optimistic.After the amendment of the "Criminal Procedure Law", the procedure of theCompulsory medical treatment for Not criminally responsible Mental patients as a specialchapter will be included in the proceedings of the legal track，account the humanitarian andpublic safety, it can be said that not far off foreign countries under the rule of law. However,the procedures and related systems, whether in law or in practice have inadequacies needsnmprovement. With regards to this, the author used the expertise of law, uphold theconcept of compulsory medical judiciary, normative analysis, empirical analysis andcomparative analysis and other researchm ethods, the departure from the basic theory ofthe concept, feature, theoretical basis, further provisions in the new Criminal ProcedureLaw interpretation of the emergence. Eventually, after an analysis of the existing problemsin the law and practice of implementation issues, put forward some suggestions forimprovement, and hoping to be helpful in promoting the development of Chinacompulsory medical procedures.Besides Introduction and Conclusion，this paper is divided into five parts.The first part is mainly evolution history of the right to health and the theoryproposing compulsory medical. through main process the evolution of right to health inwestern countries, understand the right to health how that develop from the individualproblems to the social public problems. so our country has established the public healthcare system, and puts forward the system of compulsory medical treatment.The second part is description of The Connotation of Compulsory medical treatment for Not criminally responsible Mental patients, which consist of its Concept, feature,Theoretical basis and a series of basic questions.To learn more about the compulsorymedical treatment theory.The third part through analysis of the the basic content of Compulsory medicaltreatment for Not criminally responsible Medical patients. So we have a clearunderstanding of the compulsory medical treatment.The fourth part on the basis of fully affirmed about compulsory medical analysis inour application of existing problems, including the problems in the law and practice in theimplementation of these two aspects of the problem.The fiveth part gives advice to consummate the System of Compulsory Medicaltreatment for To expand the scope of application, the clear provisions of protectivemeasures to restrain, the Ankang hospital construction, the refinement of timely diagnosisand assessment system, the time limit of compulsory medical treatment, to improve trialprocedure, accountability mechanism.The author believes that compulsory medical relate to personal benefit and socialpublic benefit, its appearance to provide a legal basis for judicial practice, landmarksignificance. Therefore hoping the society to protect this new svstem, so that it can reallyrooted in the soil of criminal justice.