A Study On The Application Of Criminal Compulsory Medical Procedure In Psychiatric Patients

With the continuous development of market economy, the problem of mentalhealth is becoming more and more public attention, the influence of a series ofmental patients and judicial cases to the society, also caused us to think deeply. thenew criminal procedure law to join the mandatory medical treatment of this specialprogram, is a new stage of China’s compulsory medical treatment systemdevelopment. The Supreme People’s Court, the supreme law also introduced therelevant judicial interpretations, visible, basically formed a relatively completeprototype of compulsory medical treatment system in our country. The publicsecurity organ according to law to handle relevant cases. But the spirit of mandatorymedical treatment program has been used for more than one year, more and moreproblems appear gradually, because it is the first time into law, so there are manyshortcomings. In the formulation of relevant legal procedures for this, expressedconcern about the numerous scholars, how to protect the interests of vulnerablegroups can not be ignored. As of now, the Supreme People’s Court and the SupremePeople’s Procuratorate have the relevant laws and regulations applicable tounderstand, formulated the judicial interpretation, but lawmakers also exists in thelegal development in the “limited rationality”, exist on issues related to theunderstanding existence deviation, or behind the social reality, resulting in manyexisting judicial interpretation not just as one wishes, ignore it. In view of this, Ithink it is necessary to base on the newly revised “law of criminal procedure” fifthparts with fourth chapters “shall not bear criminal responsibility of mental patientsforced medical procedures” provisions, combined with judicial practice of judicialauthority, with the theory analysis through study of mental patients, is not to bearcriminal responsibility according to law forced medical procedures, in order toprotect the criminal compulsory medical treatment can be properly implemented,ensure the realization of the mental patient rights and social defense, the purpose ofjustice. The author embarks from the theory, a general analysis of the psychiatricpatients forced medical procedures in applicable in the problem of existence, and summarizes reasonable suggestions to solve the problems existing in the application,including the range of application, appraisal procedure, judicial procedure,supporting measures, the right relief etc..