Research Of Mandatory Medical

How to deal with the mental disorders who has done harmful behaviors to SOCietv．ourCriminal Law only makes principle—like provisions in the first paragraph of Article XVIII．This is the only regulations about mandatory medical care in our legislation．But in practice,its operability is not strong．This also shows the shortage in our theoretical research onmandatory medical care．This paper begins with the concept of mandatory medical care．describes the development of mandatory medical care at home and abroad．and then discussescurrent controversial issues:the nature and the penalty theory ofmandatory medical care,andthen combined with the relevant provisions of the Criminal Law to discuss the qua status ofmandatory medical care and defects,and finally comes to the suggestions on how to improvethe mandatory medical care．Mandatory medical care involves such relevant theories aS criminal law,psych010gY,psychiatry,criminal policy and the like．Mandatory mental care to the mental disorders needsnot only theoretical analysis on both criminal law and Psychiatry,but also need explorationand perfection ofthe legislation．This paper has about thirty thousand words．The main body is divided into five Darts．excluding the introduction．The framework is as follows:Introduction:This section begins with the number of mental disorders and social Droblemscreated by them,combines the problems above with such famous criminal cases as Majiajuetscase and Qiu Xinhua'S case,and leads to resolutions of the mental disorders．Combining withthe provisions of the legislation,this paper points out the legislation and practice problems inChina'S compulsory mental health care．PartⅠ:Overview of mandatory health care．In this section,with the first paragraph ofArticle XVIII of the Criminal Law,this paper defines the concept of mandatory health Care．which is compulsory health care applied to a mental disorder who has endangered societvwithout criminal responsibility．Its nature is compulsory Medical treatment．This part alsopoints out that the item"mental ill"in the provisions of Criminal Law,is unscientific．Thefinal ofthis part is briefintroduction ofCompulsory Medical Care at home and abroad．PartⅡ:Nature and the penalty theory ofmandatory medical care This section gives a briefaccount of several controversies on the nature of Mandatory Medical Care．The paper pointsout that the compulsory nature of health care is a security disposition of criminal law measures and penalties,asserts that mandatory medical care is based on the special preventiontheory．PartⅢ:0verview of mandatory medical care．This section begins with the legal basis ofthe mandatory medical care,including the local norms,explains the applicating object andIudGng cfiteria ofmandatory medical care in the existing system,and the objective element'。the imD ementation of the mentally ill against acts prohibited by criminal law,The key in itsDrocedures is me element of forensic psychiatric expertise and judicial decision,the decisionto force the medical subject,period and execution venues such as the status qua-PartⅣ:Defects and improvement about mandatory medical．In this section,under theforegoing on the status of mandatory medical,pointing out that the statutory mandatorymedical,pr cedural,medical model,object scope in terms of defects,and proposed theaplication of the principle of mandatory medical legislation,period,method,execut'onvenues,chanee and termination,the medical model and other aspects ofhow to improve the roposal．PartⅤ:Related Issues．In this section,we discussed how to deal with the limited criminalresDonsibilitv of mentaldisorders in the case of the two cases at issue,and put forward theirViews...