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A Study On The Establishment Of Forced Medical System

Posted on:2015-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y H SunFull Text:PDF
GTID:2176330431476788Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The procedures for Involuntary Medical Treatment of Mental Patients Legally Exempted from Criminal Liability were especially added into the new Criminal Procedural Law of the nation in2012, subsequently, relevant judicial interpretations and procedural rules for Involuntary Medical Treatment, as supplements on the objects, decision-making, trial, the right of reconsideration, the dissolution, and the inspection and supervision were introduced in succession by the supreme people’s court, the supreme people’s procuratorate and the ministry of public security, which is quite a further step on legislative regulations to the mental patient crimes. Though it exists, too ambiguous, lacking rigour and operability it is seeing from the complicated legal practice.The key links of Involuntary Medical Treatment setting lie in:to whom it will apply, the start of it, the trial procedures, and the execution and remove. Through analyzing these key links, and using the experience of other countries for reference on relevant system settings, one can find out the flaws on Involuntary Medical Treatment settings, and then several suggestions will be made. To improve Involuntary Medical Treatment, supporting measures are suggested, from a macro standpoint, mainly includes:doing well in general investigation; improving guardian system; setting up the mental patient treatment fund; Non-Government Organizations taking part in Involuntary Medical Treatment, and so forth. These supporting measures will be beneficial for preventing mental patients from committing acts endangering society, and effectively assist the work of Involuntary Medical Treatment. Moreover, these supporting measures need cooperation among different areas, for example, the patients’ family, the community, the health organization, the Non-Government Organizations, the government and the public. By the ideal match of supporting measures and Involuntary Medical Treatment, legal effects will be there on Involuntary Medical Treatment of mental patients.The enforcement of Involuntary Medical Treatment is a restriction of personal liberty to maintain social order, as well as a protection of rights and interests of mental patients. For the complex and changeable factors, it is not so easy to set up the relevant rules and regulations, and various countries go on improving it. This thesis just broaches the subject, and the author hopes that more scholars could research on this field to improve the system of Involuntary Medical Treatment of Mental Patients.
Keywords/Search Tags:mental patients, Involuntary Medical Treatment, Involuntary MedicalTreatment procedure, system settings
PDF Full Text Request
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