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The Protection Of Citizen’s Rights Of Man-Made-Psychopath

Posted on:2012-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:S LiuFull Text:PDF
GTID:2246330395487713Subject:Constitution and Administrative Law
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This years the phenomemon of Man-Made-Psychopath has been continuously taken place in our country, and it’s become a law fact that the Man-Made-Psychopaths’human right is being trampled.It also become the hot event for common citizen to be afraid.At the same time,it is the blank of law the academic circles takes more concern.It makes people living in continual fear,and make the human right destroyed by desire, profit and power.The hospital,which is the most sacred in original viewpoint become to be the "accomplice" who tramples people’s oblige.Person’s tort made law become to have ulterior motives legalizes of dissimulation tool.Make the prestige of government and the law to be subjected to a challenge. The main purpose of this thesis is to offer some theoretical and practical references on promoting the protecting of the Man-Made-Psychopaths, and hope that more people can pay more attention to the phenomemon of Man-Made-Psychopath. I hope the government establish concerning law and regulation as soon as possible.This thesis consists of six parts:In the first part, we mainly introduce the phenomemon of Man-Made-Psychopath by cases. The event of Peng Baoquan and Xu lindong are the tipical event of Man-Made-Psychopath which is based on the abuse of power. The event of Zou Yijun shows the distortion of human nature of the modern people out of profit. And the event of Yu Jiasheng makes us consider the problem of citizen right seriously. We have to consider about Man-Made-Psychopath as the hard facts lay before us.So the second part include three point:1. The concept and the characteristic of Man-Made-Psychopath;2. The reason of Man-Made-Psychopath;3.The infringed right of Man-Made-Psychopath. The detailed elucidations of these points makes a good base of the study of the central content of the thesis, and it could fill the theory gap of Man-Made-Psychopath. In the third part we point out that the loophole in the law is a important reason of the repeatedly occurring Man-Made-Psychopath by analysis of the provision made by the present law. For example, the provision made by the present law can’t adapt the development of the society, and the standard of compulsory method to receive and cure the patient is instinct, etc. We study the international conventions and psychopathic legislation abroad, abandons its dregs, takes its essence, and apply in the practice of our country. For example, the nature, the standard, the procedure and the remedy of compulsory receive and cure, all of these inspire me so much, and had its own merits that the legislation of China can learn from.I come up with the way perfect the protection of the right of Man-Made-Psychopath in the last part and put forward my opinion on the standard and the procedure of compulsory receive and cure by the analysis of the problem. This part deals mainly with the right to sent for cure, to know the truth, to agree, to leave the hospital and the procedure of judicial expertise. I also pointed the remedy for Man-Made-Psychopath---to built supervise system, to protect the party’s right of prosecution, to built rational compensation system. Finally, i took the study of the punishment of concerned.
Keywords/Search Tags:Man-Made-Psychopath, Citizen Right, Psychotic Law, Compulsory Receiveand Cure
PDF Full Text Request
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