Criminal Compulsory Medical Procedures

With rapid social and economic development, social structure is becoming more and more complex, mental health problems has become a social problem that can not be ignored, the mental disorder of criminal compulsory medical problem is worthy of attention.Through the study of domestic and foreign criminal compulsory medical procedures can be found in our country’s criminal compulsory medical procedures imperfections, from other countries of the research and provides for the construction of our country to improve the criminal compulsory medical procedure system to lay a solid foundation.Before 2012 the amended of criminal procedure law, the criminal compulsory medical completely free from the penalty system, also it was no specific review, prosecution, trial and supervision system. The fifth article in the fourth chapter in 2012, revision of "Criminal Procedure Law" by the provisions of the mental patients do not bear criminal responsibility according to the law of compulsory medical procedures, the provisions of the criminal mental patient endanger public safety and personal safety of citizens forced medical procedures, make up the problem of article eighteenth of the criminal law of compulsory medical government departments is not clear and lack of procedure. Related procedures also mean that the judicial reformation of compulsory medical program has made great progress. In view of the matching procedures, there are still applicable difficulties, "interpretation of the Supreme People’s Court of the People’s Republic of China on the application of Criminal Procedure Law>" (hereinafter referred to as the "interpretation"), and "the people’s procuratorate criminal procedure rules (Trial)" (hereinafter referred to as the "criminal procedural rules"), make the criminal procedure law in the program as the refinement, but there is still a lot of problems.The application of the criminal enforcement procedure can guarantee the operation of the compulsory medical, but the criminal compulsory medical procedure has the flaw in the application and needs to improve. First of all, the title of "mental patient" is not standardized, "mental patient" is the real life in colloquial and popular appellation. In China’s legal provisions "mental patient" is non specialization, informal, non standardized. "Insanity" instead of "mental patient" is more appropriate. Another application conditions are not specific. Clear our criminal compulsory medical procedures applicable conditions. The implementation of violent behavior, the behavior is not bear criminal responsibility of mental disorder and probably continue to harm to the society are included.Conform to the criminal compulsory medical conditions need to start the criminal compulsory medical procedures, the current compulsory medical procedure exists defects on start-up and needs improvement. First, the court started criminal compulsory medical procedures in violation of the judicial passivity principle. In order to guarantee the neutrality of the court, we should cancel the court to start the criminal compulsory medical procedures. Second, the identification of mental disorder is the key to the initiation of criminal compulsory medical procedure, but starting the mental disorder identification is difficult. Through the introduction of expert witness in court or to improve the identification system or specific mental disorders of start the responsibility to improve this problem. Finally, in the background of the equality, many scholars have called for the parties should be given the right to start the mental disorders identification. Under the current of our country national condition and the present situation of our litigation structure is difficult to the adversary system of socialism, give the parties rights are not suitable for mental disorders identification.After the start of the criminal compulsory medical procedures, the trial is faced with the court. There are defects in the trial of criminal compulsory medical procedure’s and need to improve. First of all, there are a series of problems in three stages of investigation, review and prosecution and the trial. Therefore, we should solve the problem of convergence in the process of the conversion between the ordinary procedure and the criminal compulsory medical procedure. Second, the criminal compulsory medical treatment in the trial level there is a contradiction. Starting from the inner logic of the law, the author suggested that no longer rules trail level of criminal compulsory medical treatment and according to the ordinary criminal trail level. Finally, the revised "law of criminal procedure" Chapter 4 in special procedures in the evidence law have problems. The author divided into "behavior person whether to impose the crime", "the capacity for criminal responsibility according to law", " harm the social again" three parts respectively in proving the object, the burden of proof, the proof standard, prove that on the way to make specific provisions.Our criminal compulsory medical procedure is not mature, for individual assessment of the risk of mental disorders exist differences and problems. If the criminal enforcement of the decision is wrong, the parties may suffer permanent damage. Therefore, there are defects in the relief of the criminal compulsory medical procedure and need to improve. First of all, the right relief for the mental disorder has some disadvantages. We should safeguard the rights of the final statement of the applicant and the mental disorder people right to legal aid; Secondly, in order to prevent disorder people locked up for a long period of time, to clear the criminal mandatory medical termination conditions and make provisions on the compulsory medical time are needed. Finally, the problem of the supervision of criminal compulsory medical is insufficient. Enhance correct opinions or suggestions, normative and rational and set the appeal and retrial can solve the potency problem.The author thinks that, forced medical procedures as a highlight of the modern society, in order to safeguard the interests of citizens and social public interests, we need to learn from the advanced experience of some other countries, play the advantages of China’s compulsory medical, to improve existing procedures or new problems in the system, so as to better provide for the legal practice a good theoretical basis, rooted in the Chinese criminal justice soil.