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Research On Psychiatric Patient Criminal Proceeding Compulsory Medical Procedural Issue

Posted on:2015-09-06Degree:MasterType:Thesis
Country:ChinaCandidate:Z H LinFull Text:PDF
GTID:2296330431953345Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the revision of the2012China "Criminal Procedure Law" and later the judiciary explanations on the "Criminal Procedure Law" introduced one after another by the Supreme People’s Court, the Supreme People’s Procuratorate etc. units, the "criminal proceeding compulsory medical procedure on psychiatric patients" became an important criminal proceeding. Not only the criminal proceeding compulsory medical procedure in China relates to the maintenance of the psychiatric patient and the patient’s family members’legitimate interests, but also the implementation process thereof embodies the legal fairness and procedural justice, therefore it is so-called "double-edged sword of criminal proceedings". Throughout the development history and social impact of the criminal proceeding compulsory medical procedure on psychiatric patients, if it is not regulated, then therefore harm on the psychiatric patient’s "nuclear family" is caused certainly, or even enormous pain and hazards on society will be brought about. And furthermore the criminal proceeding compulsory medical procedure on psychiatric patients involves abundant subjects such as Jurisprudence, Medicine, Physiology, Sociology and Psychology, therefore, this paper should be established in an equilibrium point recommend among the abundant subjects about the research on the issue.After the revision of the2012China "Criminal Procedure Law", the judiciary explanations of the Supreme People’s Court and the Supreme People’s Procuratorate, and the revision of the2012"Psychiatrics Health Law" are made a comprehensive survey, it shows that the criminal proceeding compulsory medical procedural issue to psychiatric patients should be stipulated as a special procedure, reflects the attention of Chinese legislative and substantive departments to this issue, and further is a progressive socialist rule of law. But there are also shortcomings among them, for instance, excessive narrow applicable objective scope, irregular and unscientific judicial expertise procedures, imperfect expert aider system, ambiguous stipulation on medical costs, weak independence of medical institutions, and imperfect procedures of delivering a case to court, decision and so on. Therefore it is necessary to use foreign relevant legislative experience and practical experience for reference, so that the compulsory medical procedural norms and operational processes in the "Criminal Procedure Law" are refined, defined and perfected. The shortcomings and deficiencies discussed above directly result in the halfway solution of social problems and the lack of procedural justice in the implementation process of the compulsory medical procedure, greatly affect the criminal proceeding compulsory medical procedure on psychiatric patients in the actual implementation and lead to some adverse legal effects.In view of this, the author of this paper makes advantage of cross-sectoral subjects of Jurisprudence, Medicine, Physiology, Sociology and Psychology so on, so that the criminal proceeding compulsory medical procedure actively learns from the experiences in overseas countries and regions, and puts forward the solutions of suitable China situations such as further defining the startup of the criminal proceeding compulsory medical procedure, decision and dissolution of procedural operational norms, improvement of compulsory medical expertise procedures, refinement of compulsory medical relief procedures and the like, measures on the basis of the China current "Criminal Procedure Law", the judiciary explanations of the Supreme People’s Court and the Supreme People’s Procuratorate, and the legal norms of the "Psychiatrics Health Law" etc., and so that the criminal proceeding compulsory medical procedure on psychiatric patients can achieve the checks and balances on the right in the procedural mode, thereby the establishment of the procedure is ultimately in favor of the protection principle of human rights entrenched by the China Criminal Procedure Law, also can reflect better in pursuit of the value concepts of procedural justice and social defense.
Keywords/Search Tags:compulsory medical treatment, psychiatric patients, judicial expertise, Criminal Procedure Law
PDF Full Text Request
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