Study On Procuratorial Supervision In The Mandatory Medical Treatment Procedure

Crimes committed by metal patients is a giant threat to public security andpersonal safety. The Amendment to the Law of Criminal Procedure has officiallycreated “the mandatory medical treatment procedure of the mental patients who donot bear criminal responsibility according to law”(be hereafter referred to as penalmandatory medical treatment procedure), making great contribution to the legalizationof mandatory medical treatment system. However, the legislation in the Law ofCriminal Procedure, Criminal Procedure Rules of People’s Procuratorate andInterpretation on the Appliance of the Law of Criminal Procedure by the SupremeCourt is still too macroscopic, leaving large space for perfection. In order to betterensure social security and enhance metal patients’ legal rights, researchers shall paymore attention to the details of the penal mandatory medical procedure and offerpractical advice. Since the mental patients have lost all of part of the ability torecognize or control their behaviors, they could not defend themselves like normalpeople in an active way, which requires stronger devotion into the procuratorialsupervision system of penal mandatory medical treatment procedure. Theprocuratorial organs should attach more importance to the discovery and correction ofthe illegal actions. For cases of gross violation, the procuratorial shall carry outinvestigations and press charges against liable persons. In this way, the legal rights of the mental patients could be protected and the penal mandatory medical treatmentprocedure could be well functioned.This paper was completed with methods of theoretic and empirical research. Bymaking research into the procuratorial supervision system in the other criminalprosecution procedure of China, this paper concluded the features and essentials ofprocuratorial supervision. And on the base of a deep analysis and deconstruction ofthe procedure, it offered a series of practical advice to perfect the procuratorialsupervision system herein.This paper could be divided into two pain parts in structure. The preamble partintroduced the background in which this paper was completed. The main body of thepaper dissertated the subject in three chapters. The first chapter made a briefintroduction to the general situation of the penal mandatory medical treatmentprocedure in China, including the concept, relative legislation and legislative analysis.It also deconstructed the procedure theoretically in a deeper level, providing a basisfor the following discussion.The second chapter analyzed the core issues of procuratorial supervision in thepenal mandatory medical treatment procedure, including the necessity, feasibility andthe role of procuratorial supervision. In addition, this chapter concluded the threebasic theories of the supervision system of mandatory medical treatment procedure.Being the core of the paper, the third chapter pointed out the specific methodsand key points of the procuratorial supervision in the start-up, decision making andexecution stages of the penal mandatory medical treatment procedure, offeringpractical advice to perfect the procuratorial supervision system.