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Primary Disscussion On The Compulsory Medical Procedure

Posted on:2013-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:L M DiFull Text:PDF
GTID:2246330374956868Subject:Comparison of the Law
Abstract/Summary:PDF Full Text Request
This paper is going to show the overview of the compulsory medicalprocedure for the mental patients in our country. The prospect of this paperis supposed to provide some reference materials for domestic studies of thisfield.In this paper variety study methods are used in different parts.The first part is about the conception and character of the compulsorymedical measure. This part defines the concept of the compulsory medicalprocedure, and it is compared with the administrative enforcement andgeneral criminal procedure in China by an inductive analysis, so that thecharacter of the compulsory medical procedure as a special criminalprocedure is clear.The second part is about the evolution of compulsory medicalprocedure. This part analyzes the foreign historical evolution of thecompulsory medical procedure. We can get the conclusion that theprocedure is mainly regulated in the judicial procedure. By contrast withforeign countries, we can notice that, in China the compulsory medicalprocedure characterizes itself that the administrative legislation takes apriority place, and it goes with administrative program. It lays thefoundation for us to the following better understanding of the reform ofChina’s compulsory medical procedure.The third part is about the necessity of compulsory medical procedure.This part analyzes the necessity in four aspects such as defense of the socialsecurity, safeguard of the legal procedure, safeguard of the human rightsand need of medical treatment through an empirical method, combiningwith the situations of the frequent mental patient crimes, the abuse of the compulsory medical procedure and the shortage of medical treatment forthe mental patient in China.The fourth part is about the basic principles of constructing thecompulsory medical procedure. This part analyzes the principles thatshould be followed both in the operation and instruction of the compulsorymedical treatment in three aspects, such as the legal principle, legalprocedure principle, necessity principle and uncertain term principle.The fifth part is about the present situation of the compulsory medicalprocedure. This part analyzes the problems of our country’s compulsorymedical procedure in legislation and inclement, such as the applicableobject, the applicable condition, the subject, the applicable procedure, theexpert organization and the treatment organization.The sixth part is about the reform of the compulsory medicalprocedure. This part discusses the revised “criminal procedural law”relevant “the compulsory medical procedure for the mental patient, whoshall not bear criminal responsibility according to legal regulation”. And onthe part of the photograph echo, the applicable object, the applicablecondition, the subject, the applicable procedure, the expert organization andthe treatment organization are analyzed, the handling results after thereform is also discussed, and some advices are given.I hope this paper may offer a bit useful thinking for the perfection ofthe compulsory medical procedure, so that its function could get biggerplay space.
Keywords/Search Tags:mental patient, compulsory medical measure, procedure
PDF Full Text Request
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