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The Discuss Of The Mental Patient Criminal Compulsory Medical Procedure In Our Country

Posted on:2014-12-08Degree:MasterType:Thesis
Country:ChinaCandidate:D ZhangFull Text:PDF
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Mental illness of violating criminal homicide, injury cases happen in real life, toimplement damage behavior of mental illness should be how to deal with, the article18of criminal law in our country has made the principle rules. But the provisions aretoo general, it is difficult to operate in the judicial practice. New "criminal procedurallaw" the fourth chapter in2012to set up "the spirit of the criminal responsibility is notin accordance with the patient’s forced medical procedures", from the mandatorymedical procedures applicable objects, the applicable conditions, pretrial procedureand trial procedure, implementation procedures etc. Preliminary build the compulsorymedical treatment, is of great significance to the implementation of the compulsorymedical treatment. But because the first legislation, application Settings on the hard toavoid can have some disadvantages. As a result, it is necessary for the mental patient’scriminal legislative analysis and theoretical study on mandatory medical procedures,to ensure the implementation of the criminal compulsory medical measure could beright, the purpose of implementation safeguard human rights and social security ofmental illness. This article will be forced to medical procedures are limited to themental patient’s criminal compulsory medical procedures, and not mentally ill peoplewho violate the criminal law enforcement procedures and prostitution or whoringpersonnel apart from the compulsory medical procedures. And through the semanticanalysis, comparison, analysis of the meaning, the nature of criminal compulsorymedical procedure is analyzed and defined, the criminal coercive measures ofcriminal compulsory medical measure and distinguish. Through value analysis,criminal compulsory medical treatment of psychiatric patient procedure the functionof the human rights safeguard and social security. This article mainly is to usecriminal compulsory regulations analysis to our country existing mental patientshealth care law,"criminal law" article18, the criminal procedure law stipulated inarticle289-284and the Supreme Court judicial interpretation analysis, research, andthrough the criminal compulsory medical treatment of psychiatric patient programstartup procedure, trial procedure, relief, execution, supervision and analysis, find outthe problems still exist in our country present legislation rules and the insufficiency,and in view of the problems and shortage are put forward to solve the problems of therelated measures and Suggestions. In addition, the solving measures are put forward in the process of draw lessons from countries outside compulsory medical programadvanced legislation experience, and to complement each other, in order to promotemental patients in our country criminal compulsory medical procedures can be moreperfect.
Keywords/Search Tags:The mental patient crime, Compulsory medical treatment, Criminal special procedure
PDF Full Text Request
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