Research Of Criminal Compulsory Medical Treatment Procedures Of China

In March14,2012, the eleven session of the National People’s Congress fifth conference passed the "on the revision of the criminal procedure law of the people’s Republic of China’s decision", this change is based on the1996criminal law and make the criminal procedure system of our country further reform and improve. In the revision of the new "criminal procedural law","revision of compulsory medical treatment" mental patients do not bear criminal responsibility according to law as the fourth chapter in "Criminal Procedure Law". And this is the first time for China to be listed in the spirit of compulsory medical procedure, which is mainly due to China mental disorder prevalence rising trend. The haven’t heal psychiatric patients who in the absence of any mandatory medical measures return to society, are always the hidden trouble for social public security and people’s property security. In order to solve this situation, criminal compulsory medical related stipulation in the criminal procedure law arises at the historic moment. This paper is divided into four parts to analyze and research the mandatory medical procedure of criminal lawsuit of our country.The first part is about the criminal compulsory medical procedures. This is the first step in the research on the criminal compulsory medical procedures. Only to have a certain degree of understanding the overall concept of the criminal mandatory health and development first, can be better to further research and discussion of our country’s criminal compulsory medical procedures.This part is divided into three chapters to describe. The first chapter is an overview of the criminal compulsory medical, and the overview of this chapter is divided into two small overviews. The first point is about the concept of criminal compulsory medical. This point first defines the concepts of criminal compulsory medical, and then it from two aspects to explain the broad and narrow definition of criminal compulsory medical. We believe that it’s more appropriate to understand the compulsory medical concept of our country criminal from the narrow sense because its more in line with the needs of our criminal judicial practice. The second point is a brief history of the development of China’s criminal compulsory medical. This point from the perspective of books in ancient China records let us understand the mental patients and psychiatric patients crime, has aroused the concern and have different treatment for special groups of related law from the perspective of books in ancient China records. According to the time order, from ancient, modern Chinese China late Qing Dynasty to the Republic of China until the new Chinese established a general description, relative to understand a road course Chinese criminal compulsory medical development. The second chapter is an overview of the criminal compulsory medical procedure; this chapter consists of three points. The first point combined with the legal procedures, the definition of criminal compulsory medical procedures for the time, space and form from the specific. The second point undertakes to the first point, defined the criminal compulsory medical program concept. The third point compares the penalty criminal compulsory medical procedures with the criminal law of our country, to make a brief analysis of the characteristics of compulsory medical procedures. The third chapter according to the legal thinking of the establishment of criminal compulsory medical program is the study of compulsory medical theory basis of the second part of the criminal to pave the way. Theoretical considerations of this chapter from the two aspects of the necessity and practical significance to the point of view of jurisprudence of criminal compulsory medical procedures established for.The part is about the value analysis of the criminal compulsory medical procedures, and this part is divided into two chapters. The first chapter is the value of the criminal compulsory medical procedures; this chapter focuses on the value of the objective value, discuss the criminal compulsory medical program objective value from two aspects of liberty and order, justice and efficiency. The second chapter is the criminal compulsory medical program function, in view of jurisprudence and functional in the normative and social effect, analysis and resolve disputes with social divergence and social action guidelines, evaluation and prediction of the two elements constitute the prevention and cure of the normative role of criminal compulsory medical program in.The second part is divided into two chapters to discuss the forced medical procedures and application status quo of China’s criminal legislation. The first chapter is the compulsory medical procedure legislation of our country criminal status, the main contents of compulsory medical treatment is new "criminal procedure" to describe and understand the point, according to the new "criminal" forced medical procedures in criminal law order, one by one of the China’s new criminal compulsory medical procedures were literally on law understanding and analysis, from the beginning of284th, the compulsory medical scope, subject, form, to start trial trial period and relief and the relevant provisions of compulsory medical supervision, a total of six articles from six aspects of compulsory medical procedure for criminal. The second chapter combination appeared in judicial practice, divided into six dots on the current application of criminal compulsory medical treatment, such as the identification of mechanism and identification of human, applicable scope, social risk assessment standards, the spirit obstacle disposal problem, in judicial identification during the compulsory medical cases open problems and criminal compulsory medical relief.The third part is about the different stages of our criminal mandatory application on medical. This part of judicial progress according to the time sequence is divided into three chapters, the applicability of the judicial practice to the idea. The first chapter is the investigation stage of compulsory medical practice judicial conception, faithfully investigation and direct questioning investigation methods combine and long time use of temporary protective measures should be paid attention to for approval of matters. The second chapter is a series of problems should be noticed in the trial stage, this chapter is divided into four points for attention is discussed and the application of detail practice ideas, such as the place of custody, the private prosecution case, the trial by default of compulsory medical problems and solving results. The third chapter is the executive attention problem and research suggests applicable, for example, can be divided into three kinds of the implementation of the results of different state, the behavior of people is different according to the provisions of compulsory medical treatment, such as the deadline, for irregular period, relative deadline and the specific provisions of the three kinds of plan period.The part is about the relief of compulsory medical social mechanisms. This part is the ending part of this paper, mainly talking about in compulsory medical treatment of psychiatric patient’s compliance with the conditions of return to society, a series of measures to a series of problems that may arise and aiming at these problems should take. This part is divided into two chapters. The first chapter learns the theory of community correction in the face of fierce topic, mental patients to lift the mandatory medical return to society, can learn from the community correction settings for reference. The second chapter discusses the correct supervision, suggestion and reference with the supervision mechanism of procurator ate and victims.