A Study On The Criminal Compulsory Medical System In China

In recent years, incidents of mental patients frequent acts of violence, mental patient crime a threat to personal and property safety of others and public safety great risk. Criminal compulsory mental health care system by patients having social harm compulsory isolation and treatment to achieve protection of human rights, social defense and other effects. Compulsory medical mental patients are restrictions on personal freedom for a long time, related to the fundamental human rights of citizens, their intention is to protect human rights rather than human rights violations, but if used improperly, it will be forced to bring medical care serious injury and trauma, is bound to violate fundamental human rights of citizens. To avoid the two values of social defense and protection of human rights conflict with each other, so as to maintain the proper balance, our country can draw on relevant legislative experience of advanced countries of the rule of law, to improve our country’s compulsory medical procedure legislation. According to the provisions of the new Criminal Procedure Law, criminal responsibility for non-mentally ill criminal acts apply compulsory medical procedures, which make up the "Criminal Law" Section 18 mental patients on the medical system is only mandatory provisions of substantive law to some extent, but no less than the predetermined procedural law. The new "Code of Criminal Procedure" With the forced medical procedures and human rights safeguards set great progress, but the provisions on compulsory medical procedure only 25 of the lack of systematic, practical operability is not strong. How to make compulsory medical system to fully play its effectiveness to protect human rights and social defense, we should first understand the legislation of compulsory medical procedures there are many shortcomings, such as mandatory medical treatment Suitable for single, can not be fully effective in preventing mental patients implementation act that endangers society; compulsory medical startup programs, proceedings, execution procedures and remedies provided too general and lack of practice operational; prosecution for lack of compulsory medical monitoring procedures, supervision narrow, the way is not clear oversight and supervision Right difficult to get into full play; Remedy unreasonable, lack of state compensation provisions, result in compulsory medical difficult to protect human rights, personal rights and interests when violations of psychiatric patients have occurred. To solve these problems, it should learn from foreign advanced legislation, combined with China’s actual conditions, the corresponding improvement measures: extension of compulsory medical application objects, the ability to limit the liability of the mentally ill, suffering from mental illness during the proceedings who lost the ability to stand trial and while serving his sentence people suffering from mental illness included in the scope of compulsory medical treatment; clear that proceedings should be a public hearing with the participation of people’s assessors; clear actuators and implementation period, with reference to the views of professionals to make reasonable provision for the duration of treatment, and the condition of patients recovery made to lift or extend the compulsory medical decisions; strengthen judicial supervision, expand the scope of supervision, establish a reasonable docking mechanism and the implementing agencies; norms reconsideration type remedies, additional style appeal remedies, improve follow-return system and so on. Through a series of improvement measures aimed at changing our mental health legislation behind the status quo, at the same time, it should be extensive knowledge of mental health advocacy, to create a spirit of tolerance for the patient, rational public opinion environment and living environment, strengthen the care of mental patients and help to build a harmonious and stable society.