On The Perfection Of Our Criminal System Of Compulsory Medical Treatment

The criminal compulsory medical care system is an important part of our special criminal procedure, the establishment and implementation of it has great significance for the realization of the country’s construction of the rule of law and protection of human rights. As a social defense measures, the criminal compulsory medical care system through compulsory isolation and treatment of mental patients in accordance with the law is not criminally responsible, eliminating the factors of instability in society, protecting personal and property safety of citizens, maintaining a good social life order. As a human rights safeguards, the criminal compulsory medical care system through a rigorous scientific process and running mechanism, properly restrain the judge’s discretion, protecting the legitimate rights and interests of the compulsory health, ensuring the referee fairness of the judgment.In this paper, I will give a comprehensive and deep exploration about the criminal compulsory medical care system from four parts.The first part is on the basic theory. In this part, I mainly explain the basic knowledge of criminal concept, characteristics and the value of the relevant compulsory medical treatment system.The second part is about the extraterritorial criminal system of compulsory medical treatment. In this part, I mainly introduces the advanced experience in the related system of extraterritorial, and concludes the characteristics of defending the society and guaranteeing human rights, both passive and active intervention and review, and with the characteristics of both the judicial organs leading medical institutions and auxiliary in the extraterritorial criminal system of compulsory medical treatment. It has great significance for us to study the advanced experience for the perfection of China’s criminal compulsory medical system.The third part is about the present situation and defection of our criminal compulsory medical care system. In this part, I mainly introduce the current legal provisions of the criminal compulsory medical care system in our country and its implementation. By comparing with foreign related system, illustrating many deficiencies in China’s criminal compulsory medical system:applicable object is too narrow, failure to include limited criminal responsibility of the mentally ill and other compulsory medical measures should apply to criminal; improper applicable conditions, the object of protection is limited to public safety and the citizens’ personal security, it is difficult to realize the full protection of all legal interests; program operability is not strong, it is difficult to protect the legitimate rights and interests of the parties effectively.The fourth part is about the suggestion of improving the criminal compulsory medical system. In this part, according to the actual situation, I put forward a series of perfect idea about completing the health care system. First, it is appropriate to expand the scope of the applicable object and scientifically determine the applicable conditions. Second, it is necessary to improve the procedure. Finally, in order to fully realize the value of the pursuit of criminal defense of society and the protection of human rights, it is necessary to complete the supporting measures of the health care system.