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Discussion Of The Regulation Of Criminal Compulsory Medical Treatment Procedure Of China

Posted on:2015-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhangFull Text:PDF
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With the speeding up of the social development,life pressure is increasing, the numberof people with mental illness in our country are also increased, which has serious mentalillness is also has violent tendencies. In order to solve the problem of judicial practice thatmental patient of violent behavior continue to harm to society because of lax regulation andtreatment, and the phenomenon of normal person forced to compulsory medical treatmentfrequently in print, Criminal Procedure Law in our country regulate the compulsory medicaltreatment procedures as a criminal special procedure, implement the judicial enforcement ofcompulsory medical treatment procedures, for the standard operation of compulsory medicaltreatment procedure provide a legal basis. However, the legislation of compulsory medicaltreatment procedures still need to be further perfect to highlight the effect of restricting powerand protecting human rights. In this paper, by discussing the theoretical basis of compulsorymedical treatment procedures, analysis of the situation and the problems of compulsorymedical procedure regulation in our country, put forward the improve suggestion of the startprogram, judicial proceedings, execute program, and relief program of compulsory medicaltreatment procedures, in order to promote the compulsory medical treatment play a better rolein judicial practice.This article is divided into four parts, the first part: The basic theory of compulsorymedical treatment. Mainly discusses from the foundation of human rights protection and thebasis of due process of compulsory medical treatment procedure, design and improve thecompulsory medical treatment procedures should throughout the main line of human rightsprotection, and meet the requirement of its own legitimacy.The second part: The start of the procedure of criminal compulsory medical treatment ofChina. Compulsory medical treatment procedure based on the existence of criminal litigation,it has both same and different between normal procedure. The forensic psychiatric assessmentprovides the premise and foundation for the start of compulsory medical treatment procedure,and determines the process of compulsory medical treatment as well. At the same time, theprovisional protective restraint measures taken by the public security organ for psychiatricpatients also marks the start of compulsory medical treatment procedures, can be considered as compulsory medical treatment implementation in advance. In this section, by regulate theprocedures of forensic psychiatric assessment, provisional protective restraint measures andthe application of compulsory medical treatment, put forward suggestion of perfecting ourcountry’s criminal compulsory medical treatment start program.The third part: The trial procedure of criminal compulsory medical treatment of China.Compulsory medical trial has the characteristics of strong professional, widely involved andhighly integrated of subjects. It puts forward special requirements of the trial organization,trial pattern and proceedings. This section discuss the particularity of the compulsory medicaltreatment trial, to protect the litigation rights of the applicant in the program design andperfect.The fourth part: The execution procedure and relief procedure of criminal compulsorymedical treatment of China. In this section, through put forward the perfect suggestions ofregulate the execution, relief and supervision procedure, to make the procedure moreoperability and rationality. Achieve the unity of protecting human rights and defense societyby the procedures run efficiently.
Keywords/Search Tags:Compulsory medical treatment, mental disorder, Human rights protection, Procedure regulations
PDF Full Text Request
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