Improvement Of Criminal Compulsory Medical Procedure In Our Country

With the accelerated pace of life, the impact of increased competition and other factors, the prevalence of mental illness of the world has risen dramatically. Without the effective supervision of the families and the government, psychiatric patients commit more crimes. Meanwhile, due to various reasons, some people in normal mental status was admitted to a mental hospital. As a particular social group, mental patients deserve more attentions. Therefore, for the protection of the legal rights of mental patients, or maintaining social order, it is necessary to take the compulsory medical measures for the psychiatric patients.This paper studies criminal compulsory medical procedures in our country and analysis the compulsory medical procedures systematically. I will provide concrete initiatives to improve the criminal compulsory medical in our country, to protect the legitimate rights and interests of psychiatric patients and the public.The1997provisions of the Criminal Code ruled the compulsory medical treatment for the first time, but its provisions is just an all-embracing policy, and there is no specific procedural provisions. The Mental Health Act and the new Code of Criminal Procedure and judicial interpretation involve the relevant provisions of the compulsory medical treatment. However, in respect of the contents of current regulations, the provisions on compulsory medical procedures still need to be further improved.The paper mainly studies from five aspects:The first part is the introduction part of the article. First give the origin of the article, and present our theoretical research on compulsory medical procedures, determine the methods and ideas of the article, and conclude the innovation and shortcomings.The second part is the basic theory of compulsory medical procedures. Analysis the concept and characteristics of psychiatric compulsory health care, and the controversial nature of the system, and also introduce the need to build the system in our country.The third part is the analysis of the system from other countries’ psychiatric compulsory health care systems. In order to improve our compulsory medical procedures, I will discuss the typical aspects in several countries and regions.The fourth part describes China’s psychiatric compulsory health care system. Combined with the new Code of Criminal Procedure to analyze our system through the pre-procedure, trial procedures and remedies procedures,etc. Provide the lack of our current law and the cause of this problem.The fifth part is the perfection of mental illness forced medical procedures. Combined with our current compulsory medical system from the system build and safeguard measures, as applicable to the target range problem, Forensic Psychiatry perfect, mandatory medical protection mechanism.