| The criminal compulsory medical service in China was stipulated in the Article18of the Criminal Law of the People’s Republic of China before January1,2013, which was difficult to concretely operate in practice because of the lack of corresponding guarantee of the procedural law. The compulsory medical service procedure of the mental patient who had total extinction of criminal responsibility was stipulated in the Chapter4in the Part5, the special procedures, of the Criminal Procedure Law of the People’s Republic of China that was put into force in the January1,2013, which was not only beneficial to the further improvement of the Criminal Procedure Law, but also availed the feasible guarantee of the human rights of mental patients in China, besides, the determined nature of the compulsory medical service procedure of the mental patient in China was clearly explained by the provision. Nonetheless, the deficiencies still existed in many aspects of the compulsory medical service procedure of the mental patient in China, such as the entities of application, the applicable standard, the identification procedure, the determination procedure and the remedy procedure, which caused the insufficient and invalid guarantee of the human rights of the mental patient. Consequently, we should gradually improve the compulsory medical service procedure of the mental patient in China from the aspects of maintaining the public security and guaranteeing the human rights of the mental patient. Given this, the stipulation of the compulsory medical service procedure of the mental patient in China was introduced first in this thesis, and then the existing deficiencies in the actual operation was summarized according to this stipulation, finally the compulsory medical service procedure of the mental patient that was suitable for China was tentatively summarized from the two aspects of coordination among the domestic laws and the references from the foreign laws. |
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