Analysis And Improvement Of Criminal Enforcement In Medical Procedures

A mental patient must accept the criminal compulsory medical procedure if he or she meets three conditions. First, the patient do violent behavior, and the harmfulness of this behavior must reach up to crime. The second is the mental patient is identified as not criminally responsible by legal procedure. Third, the mental patient is dangerous. The paper will analyze on the present situations and problems of the criminal compulsory medical procedure through three parts.The first part is the outline of the criminal compulsory medical procedure. The conceptions of compulsory medical and the criminal compulsory medical procedure are introduced in this part. The criminal compulsory medical procedure is a security measure which aims to social defense and medical assistance. The principles of criminal compulsory medical procedure are combination of social defense and protection of human rights and necessity.The second part is the present situations and problems of criminal compulsory medical procedure in our country. There points out nine problems in this part. First, the scope is too narrow. Second, the litigants don’t have the right to take psychiatric examination. Third, there is too more administrative nature in the compulsory medical case instituted by court, and there exists contradictions in the judgments of these cases. Fourth, there isn’t maximum period for the temporary protective measure. Forth, the judge is restricted when determining the criminal responsibility of mental patient. Sixth, the medical institutions don’t have enough resources to execute compulsory medical judgment. Seventh, the periodical assessment is lacking of operability. Eighty, there isn’t restricted duration for criminal compulsory medical. Ninth, legal aid is limited in criminal compulsory medical.The third part is the suggestions for criminal compulsory medical procedure. This part includes nine points:expanding the scope of criminal compulsory medical procedure; endowing litigant the right for take psychiatric examination; changing treatments in the compulsory medical case instituted by court; setting maximum period for the temporary protective measures; ensuring the judge’s independence when determining the criminal responsibility of mental patient; enhancing the implementation capacity of the medical institutions; enhancing the operability of periodical assessment; setting restricted duration for criminal compulsory medical; expanding the time range of legal aid in criminal compulsory medical.