Research On Compulsory Medical Procedure Of Mental Patients In Criminal Procedure

Psychiatric patients of compulsory medical program is a special criminal procedure, in which some is violent and serious harm to the personal safety of citizens, but not able to bear criminal responsibility and possible to be a lasting danger. In this paper, through the discussion of the four parts, in view of the lack of provisions of "criminal procedural law", put forward the perfect suggestions.The first part is the basic theory of psychiatric patients of compulsory medical program in criminal lawsuit. In the part of mental illness, compulsory medical concepts were defined, and pointed out that psychiatric patients of compulsory medical program is a sense of security measures. The implementation of compulsory medical treatment of psychiatric patients is the requirement of the ideal of rule of law, due process, human rights protection and social defense.The second part is the analysis of the legislative defects of psychiatric patients of compulsory medical program in criminal lawsuit. This chapter is divided into 6 parts, respectively is:the scope of psychiatric patients of compulsory medical program is too narrow; the right of starting identification is unfair and the matters of identification need to be considered; the trial of the facts of the cases are too literal, and the appraisers can not appear in court; defenders join into the compulsory medical program of late and the asking for reconsideration is debatable; lack of the longest period for temporary protective measures to restrain; the provisions of regular assessment are too principle and so on.The third part is a comparative study of psychiatric patients of compulsory medical program aiming at the issues raised in the second part. Psychiatric patients of compulsory medical program in Germany and Japan are worth to us; the Anglo American law system is different from us, but the system of starting identification is valuable to us; and the perfect compulsory medical program of psychiatric patients in Russia have more reference value.The fourth part is the legislative suggestion of psychiatric patients of compulsory medical program. Through the analysis of other countries and regions of related systems in the third part, we can put forward the perfect suggestions for the psychiatric patients of compulsory medical program.