On The Improvement Of Mental Patients In China Forced Medical Procedures

For the implementation of compulsory medical treatment is a psychiatric social security measure, for a long time, provisions of China’s legislation and judicial practice in this field have the deficiency. In2012the introduction of the new "people’s Republic of China Criminal Procedure Law" in the provisions of the "special program" the content, largely to make up for the lack of before, in addition to the clear legal provisions, emphasize the procedural justice, especially attached importance to the protection of human rights, a change to Japanese law defect China home Authority prevalence, disregard for basic human rights.However, despite the2012introduction of the "the people’s Republic of China Criminal Procedure Law" has made breakthrough progress in the related fields, but there are still some shortcomings. The intent of this paper by comparing Germany, the United States and other countries of the compulsory medical treatment system, learn the advanced feature of the system of foreign countries, make up our shortcomings in the system, in order to realize the social security and the protection of human rights of the balance, the unity of social and personal interests.This paper can be divided into four parts.The first part firstly reviews the meaning and theoretical basis of compulsory medical program. The author believes that:the system is based on the theory of legal paternalism, social security and the protection of human rights, balance of value, the procedure justice and the protection of human rights.The second part mainly involves the comparative study on the common law of England, American and civil law in France, Germany, the relevant procedures. Find the main countries in the two legal systems in the system of different, both in the comparative study, has been a comparative study on inspiration.The third part is about the discussion of China’s compulsory medical program deficiencies, mainly involves the problems of compulsory medical procedures applicable conditions, medical procedures applicable scope, procedure, relief and so.The fourth sector is the lack of the program’s advice. According to the deficiency of the applicable conditions, the third part medical procedures applicable scope, procedures, the remedy of the proposed measures to improve.