The Exploration Of Mental Patient Compulsory Medical Treatment System In Criminal Procedure

With the rapid expansion of economy and society, modern people are faced with various pressures, and the fast tempo of life, pychopaths have become the important factor which influences the social stability, protection of human rights and other social issues. According to statistics, the number of Chinese pychopaths has an upward trend, and the mentally ill as a special group of society, troublemaking problem has affected the security and stability of society.The pychopathe has ever-changing, various charactertistics, at the same time, long treatment period and low cure rate are also its peculiarities. The majority of psychiatric patients who have the initiative to attack are unresponsible for any criminal offense. Therefore, effective supervision and treatment of mental illness are imperative to maintain social security and stability, protection of human rights. However, China Compulsory Medical Treatment System has undergone a slowly exploration and development process from scratch. Since the general requirement of Criminal Law was promulgated in1997, and Criminal Procedure Law was amended in2012as a special program, the overall framework of the new mandatory health program has been built up Compared with the old one, the new amendments have amounts of advantages and as a procedural law, the new one has maneuverability to the certain degree. But there are emerged indeed a number of problems, China Compulsory Medical Treatment System are too rough to take into account of the details in the specific operating practices. In my opinion, it is necessary to investigate theoretically about the pychopath should be forced to take part in this system, and through the guidance of theory, it can improve the system of Compulsory Medical Treatment, so that the compulsory medical measures can be properly applied.By comparing China Compulsory Medical Treatment in different development periods, and analyzing the characteristics and laws, this paper summarizes the proper and perfect measures which is fit for China. There are four parts in this paper:Firstly, introduction clarifies the background and significance of the topic, introduces the current research status of China Compulsory Medical Treatment, and clearly points to the research emphasis of the paper;The second part analyzes and summarizes the concept, property and necessary of mandatory health from the relevant basic theory; Thirdly, this paper investigates the different development stages of China Compulsory Medical Treatment from stratch by using historical analytical methods, and highlight summarizes the specifications since the new Code of Criminal Procedure was revised.In the last part, it analyses the questions which exist in the practice process of the compulsory medical procedures under current policies,and then put forward a comprehensive proposal.