The Study On Compulsory Medical Problems Of Mental Patients

With the development of economy and the increasing of the pressure of life, mental health problems is becoming one of the China social problems. A large number of mental illness" events and violent psychotic crime is banned repeatedly more than, this special group of mental illness has attracted increasing attention."According to the Ministry of health survey, mental illness ranked first in China’s burden of disease, accounting for about20%of the total burden of disease, mental patients seriously disorders of about16000000people."①" WHO studies show that the incidence of mental illness has accounted for20%of the total number of all disease incidence in China, but compared with an average of only10%of the world. And WHO also predicted that the next20years this ratio will increase to25%in China ".②Although the eighteenth article of "Criminal law" regulate mental patient "when necessary,by the government for medical ". But in practice, due to the lack of operability, administration is too strong, from standard is not clear, mental illness accident and "mental illness" events often appear in newspapers, seriously affected the normal social peace. In2012the revised Law of criminal procedure stipulated " compulsory medical procedure of mental patients who do not bear criminal responsibility " by special procedures, sixed for the construction. The program is divided into six articles, to build China’s compulsory medical program outline, forced medical procedures into the judicial track has positive significance。 But, since the program stipulation too principle, not relate to specific issues, only initial the program platform. Therefore, analysis of the compulsory medical from the existing provisions to put forward suggestion is improvement.This paper mainly includes three chapters.The first chapter forced the poor situation through the case, and introduced the theory including concept and nature to solve the basic problems and clear principles of compulsory medical.The second chapter introduced the history of compulsory medical,point out the existing problems through the legislation practice of foreign, in order to benefit our compulsory medical.The third chapter is the focus of this article. Through studying the regulation of compulsory medical and contacting the first chapter case to study the conditions and scope of compulsory medical, legal supervision and personal rights to put forward relevant suggestions.