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On The Perfection Of Mandatory Health Care System

Posted on:2014-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y YinFull Text:PDF
GTID:2266330401985020Subject:Law
Abstract/Summary:PDF Full Text Request
Compulsory medical treatment of mental patients is harmful to the society forcedisolation and treatment of a special security measures. Mandatory health program is amandatory medical treatment in the broadest sense of the startup, operation,supervision, the sum total of benefits and a series of procedures. Compulsory medicaltreatment system consists of compulsory medical treatment both entity and procedure.Compulsory medical treatment system has the safeguard human rights and the valueof due process.Health care on the mental patient involves citizens’ personal freedom, so mustdiscreet, improve the system of compulsory medical treatment can not only realize thevalue of due process of law, legal reform in China is also a social and legaldevelopment. Throughout the rest of the world of compulsory medical treatmentsystem has the following characteristics: mandatory medical applied object; Decisionsto court; Application of judicialization; Process pay attention to protect human rights,the introduction of absentia, appointed defense system in order to guarantee theimpartiality of procedure; The classification of the actuator control; Execution periodof not regularly and discretion; Termination and release procedures strictly. Throughthe compulsory medical treatment system of legislative investigation can be seenoutside compulsory medical treatment system in China is still the single applicableobjects, procedures, and relief ways unknown defects such as. In order to furtherimprove our compulsory medical treatment system in order to better realize the valueof human rights protection and due process concept, should expand the applicablescope of the mandatory medical, criminal liability will be limited ability and thosewho have lost their trial and punishment to bear ability applies into the compulsorymedical treatment; Second to realize judicial enforcement of mandatory medicalprocedures, establish dominated by investigation organ, supervision of the people’sprocuratorate and the court has decided to start the program, a clear judgment in theprocess of the litigation rights of the parties; Finally, set up effective relief way andthe system. Compulsory medical treatment is to hit and patients in the criminal law of thespirit of the applicable conditions, to achieve social security measures, the effect suchas human rights protection of criminal entities. Mental patients need more laws suchas social vulnerable groups protection, safeguard human rights is the value concept ofcriminal law and criminal procedure law, only set up perfect legal and independentjudicial procedure, to fundamentally achieve the mandatory medical treatment forhuman rights and the value of due process, to promote the legalization process of ourcountry.
Keywords/Search Tags:compulsory medical treatment, mental disorders, criminal proceedings
PDF Full Text Request
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