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Research On Criminal Compulsory Medical Procedure For Mental Patients

Posted on:2015-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:X L FangFull Text:PDF
GTID:2176330431469576Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In an age which the protection of the rights of the psychopaths are continuously strengthened, the judicialization of compulsory medical system is the inevitable trend. China’s newly-revised code of criminal procedure has involved compulsory medical care into judicialization area, which not only meets with national conditions, but also shows we are trying to catching up with the international general practice. The criminal compulsory medical procedures for psychopaths are different from common criminal legislation procedures, for the purpose of the latter is not to investigate and affix the crime liability of the defendant or criminal suspect,but to decide whether or not to apply compulsory medical measures.This article aims to introduce Chinese criminal compulsory medical system and offer the related reforming suggestions through five parts, so as to offer some materials for reference to the research on the related area.The first part is the general introduction of the criminal compulsory medical system. In terms of that, this part begins with the concepts and property, then it compares "medical psychopath" with "legal psychopath", then it describe its intension and epitaxy comprehensively, and at last, it defines its characteristics clearly.The second part comparatively analyzes foreign criminal compulsory medical system.This part begins with essential substantive factors and procedural requirements, then it comparatively analyzes different regulations and practices of foreign criminal compulsory medical system, which offers foreign experiences for improving china’s criminal compulsory medical system.The third part is the legislative history and current situation of criminal compulsory medical system. Firstly, it introduces the legislative history of china’s criminal compulsory medical system, then it comments on china’s current criminal-liability-free criminal compulsory medical system, and last it analyses the current situations of criminal compulsory medical system from such aspects as the judicial identification of psychopaths, the suitable conditions of criminal compulsory medical care, trial procedures, helping measures, the following execution and supervision and so on.The fourth and fifth parts are the improvement of the system as well as the important part of this article. The fourth part focuses on the improvement of the judicial mental disease identification system. This part starts from the introduction of judicial mental disease identification.Based on that, it analyzed how to improve it. Besides, the author put forward her own opinions on how to identify judicial mental disease as well as how to evaluate responsibility and ability.The fifth part focuses on the further reform of china’s criminal compulsory medical system. According to the existing problems, this part offers the related reforming suggestions on such aspects as the suitable conditions for criminal compulsory medical care, trial procedures, helping measures, the following execution and supervision and so on.It is my wish that the opinions put forward by this article will benefit researches related to criminal compulsory medical system, making it more and more practical by changing unreasonable regulations and enriching practical details.
Keywords/Search Tags:Psychopath, Compulsory medical treatment, Criminal compulsorymedical treatment
PDF Full Text Request
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