Mental Disorders Forced Medical Procedures Deconstructing

The living conditions of group with mental disorders are grim, whom caused frequent civil and criminal cases.The marginalized social groups damaged caused the big family burden,social damage and Legitimate rights and interests violated,which always touches the nerve of the public.Criminal compulsory medical treatment for people with mental disorders,who endanger public security or the safety of citizens should accept forced isolation and medical treatment,which aims to improve the health of people with mental disorders and protect their legitimate rights and interests, and eliminate the personal risk, preventing crimes, maintaining social peace and safeguard social security.The compulsory medical treatment system has experienced many years of development from nothing at home and abroad.Before the new criminal procedure law comes into effect,Laws and regulations of compulsory medical entity and procedure in our country are presented’administerization’oriented,There are administration color in practice and some problems,for example,nature is not clear,the applicable object is fuzzy,subject is unclear and lack of procedure, etc.which lead to be lack of procedural safeguards measures of compulsory medical treatment in the real operation.On March14,2012, the fifth meeting of the11th National People’s Congress voted on the amendment of criminal procedural law,which will be forced to medical procedures single independent chapters as a special procedure and the procedural law on the regulation of criminal legislation in our country is a great initiative.The special procedure to establish mandatory medical program in the new criminal procedure law,which provides specific rules in applicable condition, startup subject, jurisdiction and judicial organization, the compulsory medical examination and treatment, deliver the remedy procedure of executing, and termination procedures, etc.The’Mental health law’ which will take effect on May1,2013has made remarkable progress in respect and safeguard human rights and the scientific design compulsory medical treatment.Combined with the criminal procedural law and its judicial interpretation and the ’mental health law’enforcement procedures,the difference both in the title, nature of the definition and the decision still exist and need to be defined and solved in practice.At the same time of affirming legislation, for the next step of the applicable law and specific operation, the author thinks that it should be fully considered, careful consideration and try to be perfect in practice.The mandatory medical applicable objects shall be appropriate to expand for people with mental disorders who seriously violated China Public Order Management and Punishment Law.Of course, based on humanitarian considerations,the mental disorders who is pregnant,breastfeeding their infants under one year,suffering from disease endangering themselves, no serious harm to social security and severe infectious diseases,is not suitable for compulsory medical treatmentConsiderations of "risk society", in practice can be appraised by professional medical practitioners and the combination of the judge discretion model,and thinking of people with mental disorders in terms of two aspects of "risk society" from "serious violations" and "high recidivism possibility".In the aspect of apply for appraisal,people with mental disorders have the rights of starting the judicial psychiatric appraisal.Because the compulsory medical relief procedure easily undone in judicial practice, so it can be considered to gradually improve compulsory medical procedure of the criminal retrial system, responsibility system and the system of state compensation.In the other programs, the author thinks that,Separating the individual care for people with mental disorders and providing provisional protective restraint measures in a detention center or existing social assistance institution in practice.Medical term should be clear, you can refer to psychiatry expertise and the rehabilitation can be removed, not recovery will extend deadline. Setting up fee protection mechanism,which,in according to the practical, the individuals and government to share.The aim of compulsory medical treatment is medical rehabilitation and returning to society.The author thinks that,Reference to out of jail people study of the theory of the social protection,Constructing mechanism of return to society for people with mental disorders who under compulsory medical rehabilitation and develop sincere, confident, positive attitude, pay attention to attitude correction.After Rehabilitation and return to society,it need to strengthen the registration and management, improve the medical security, build the social security system for forced people with mental disorders.At the same time, we need pay attention to social public opinion, strengthen the propaganda and education of mental health knowledge, guide the public opinion towards the tolerance, compassion and protection,to create a caring, kind, rational psychological environment, public opinion environment and social environment for people with mental disorders.