Research On The Establishment Of China’s Compulsory Medical Treatment Procedure

As a widely used security measure, compulsory medical treatment is of greatsignificance in the maintenance of social security. With the development of society, theassurance of human rights is more emphasized in the implement of compulsory medicaltreatment according to modern theories of security measures. Despite the fact that theexistence of security measures is derecognized in China’s criminal law, it is unanimouslyrecognized that compulsory medical treatment is rational.There are mainly two cases of compulsory medical treatment in the legal sense. In thefirst case, compulsory medical treatment means forcing mentally disturbed persons to receivemedical treatment; in the second case, it means forcing VD patients to receive medicaltreatment. The focus of this article is compulsory medical treatment in the first case, andtheoretical compulsory medical treatment mainly refers to the first case in which mentallydisturbed persons are forced to receive medical treatment. While China’s existing system ofcompulsory medical treatment is making a tremendous contribution to maintaining socialstability and eliminating potential public security hazards, it also has defects like lack ofprocedural regulations and shortage of protection of human rights. A research into thedevelopment history and the universal laws of compulsory medical treatment helps perfect theprocedures of compulsory medical treatment, realize the social defense function ofcompulsory medical treatment and ensure citizens’ basic human rights in a better way. Theestablishment a special procedure in compulsory medical treatment helps perfect the systemfor assurance of human rights and achieve a better balance between social defense andassurance of human rights.This article, excluding the introduction and epilogue, is divided into four parts.The first part is a summary of problems about compulsory medical treatment.Compulsory medical treatment is a security measure to restrict the personal freedom of people,who have done harm to the society and are not able to take criminal responsibility because ofmental diseases, and force them to receive medical treatment. Compulsory medical treatmentis characterized by being compulsory, therapeutic and precautionary and non-penalty, etc. Thevalue demands of compulsory medical treatment include social defense and assurance ofhuman rights. And the clash and balance between the two value demands are decisive for theeffects of compulsory medical treatment. The second part is about the introduction and analysis of the procedures of compulsorymedical treatment in other countries. Compulsory medical treatment has enjoyed all-rounddevelopment in other legal countries since Code Penal stipulated in1810that mentallydisturbed persons who committed a rime do not take criminal responsibility. Main legalcountries have made detailed regulations about the measures and procedures of compulsorymedical treatment. With a comprehensive analysis of other countries’ regulations aboutapplicable objects and conditions, it is found that compulsory medical treatment mainly hasfive applicable objects, and that the applicable conditions of compulsory medical treatmentmainly include behavior conditions and substance conditions.The third part is an analysis of China’s existing regulations about compulsory medicaltreatment in order to find what needs improving. China’s existing national regulations aboutcompulsory medical treatment only include few articles like Article18of Criminal Law. Mostregulations about compulsory medical treatment are local statues and local governmentregulations, like Provisions of Jilin Province on Compulsory Medical Treatment of MentalPatients Endangering Society. With an analysis of China’s relevant regulations aboutcompulsory medical treatment, besides the problem that local legislation that restricts people’spersonal freedom violates the rules of Legislation Law, many other problems can be found out,such as a narrow range of applicable objects, obscure applicable conditions, unreasonabledecision-makers, lack of executive organizations and shortage of funds, etc.The fourth part is about the author’s preliminary ideas about the establishment of China’scompulsory medical treatment procedures. Based on an analysis of the defects of China’sexisting system of compulsory medical treatment and the draft of amendments to CriminalProcedure Law, the author comes up with his preliminary ideas about the establishment ofcompulsory medical treatment procedures from China’s reality. Enlarge the applicable rangeof compulsory medical treatment to realize the effectiveness of social defense; definite theapplicable conditions of compulsory medical treatment to restrict the discretionary power ofpublic authorities on compulsory medical treatment, better ensure citizens’ basic rights andprevent the abuse of compulsory medical treatment. When it comes to the establishment ofspecific procedures, the court shall be the one to make a decision about compulsory medicaltreatment so as to restrict and balance one another’s power by establishing a procedural modelof three parties. Offer judicial assistance to mentally disturbed persons by establishingauxiliary procedures that force lawyers to appear in court to ensure the basic rights of mental patients. Establish procedures that connect criminal procedures and compulsory medicaltreatment procedures through the establishment of procedures that suspend and recovercriminal proceedings to achieve a balance between social defense and assurance of humanrights.