Medical Research Program Mandatory Mental Patients

At present, the psychopaths commit crimes happened mostly in China, they harms the public order and personal safety of the citizens seriously,and they always have cruel criminal means, no clear motives, difficult to prevent. So, the harm that caused by psychopaths commit crimes often is more serious than which caused by the average person.Long time, the provisions about psychopaths criminal only is the18th article of the Penal Code:"when could not identify or could not control his actions, the psychopath creates the danger result,and confirmed by the identification of legal procedures, he needn’t to bear criminal responsibility, but the judge shall order his family or guardian supervise and look after him more rigorous; if necessary, the government may compel him to receive medical treatment."However, there isn’t any relevant provisions in Criminal Procedure Code.in practice, the judge tends to release the psychopath into the community, as a result,the psychopaths perpetrate atrocities again:keep repeating the similar tragedy.In2012, the Criminal Procedure law Amendment was adopted by the national people’s Congress, which adds the procedure of compulsory medical treatment about psychiatric patientThen, Judicial Interpretation of the Supreme People’s Court published, which explains how to apply to the the Criminal Procedure law about the procedure of compulsory medical treatment of psychiatric patient in detail. It will play a crucially important role in the criminal activities of mental patients,and it’s a big progress in China’s legislation.But there’s no law is perfect in the world,it’s inevitable that our procedure of psychiatric patient has some bugs. So, on the background of the Criminal Procedure law Amendment’s publishing, through the analysis of the theory of compulsory medical treatment,and the comparison of compulsory medical treatment in the developed countries and areas in the rule of law,This paper summarizes the problems of the compulsory medical treatment at the present stage in China, and then provide improvement suggestions about it, in order to contribute the author’s pygmy effort to china’s construction of law.