The Research On Several Issues Of The Compulsory Medical Treatment For Not Criminally Responsible Mental Patients

With the development of mental health services and the accelerated pace of modern social life, the problem of the mentally ill is widespread concern in society, increasingly become a major social issue impact of China’s social freedom, human rights, security and social stability. At the same time, a number of compulsory medical treatment have emerged. However, for a long time the compulsory medical situation for mental patients in China is not optimistic.After the amendment of the "Criminal Procedure Law", the procedure of the Compulsory medical treatment for Not criminally responsible Mental patients as a special chapter will be included in the proceedings of the legal track, account the humanitarian and public safety, it can be said that not far off foreign countries under the rule of law. However, the procedures and related systems, whether in law or in practice have inadequacies needs improvement. With regards to this, the author used the expertise of law, uphold the concept of compulsory medical judiciary, normative analysis, empirical analysis and comparative analysis and other research methods, the departure from the basic theory of the concept, nature, further provisions in the new Criminal Procedure Law interpretation of the emergence of the program’s epoch-making practical significance from different angles.Eventually, after an analysis of the existing problems in the law and practice of implementation issues, put forward some suggestions for improvement, and hoping to be helpful in promoting the development of China compulsory medical procedures.Besides Introduction and Conclusion, this paper is divided into four parts.The first part is description of The Connotation of Compulsory medical treatment for Not criminally responsible Mental patients, which consist of its Concept, nature and a series of basic questions. To learn more about the compulsory medical treatment theory. The second part through analysis of the legislative Present Situation of Compulsory medical treatment for Not criminally responsible Medical patients, then put forward the positive effect and practical significance of the purposes of the compulsory medical.The third part on the basis of fully affirmed about compulsory medical analysis in our application of existing problems, including the problems in the law and practice in the implementation of these two aspects of the problem.The fourth part gives advice to consummate the System of Compulsory Medical treatment for Not criminally responsible Mental patients,scilicet, To consummate the scope of appliance, to consummate the Identification procedures, The Construction of legal accountability, the consummate of the possibility of Continue harm to society and The consummate of Treatment and management supporting systems.The author believes that compulsory medical relate to personal benefit and social public benefit, its appearance to provide a legal basis for judicial practice, landmark significance. Therefore hoping the society to protect this new system, so that it can really rooted in the soil of criminal justice.