In order to respond and solve the social issue of mental patient violent crimewhich is becoming more and more serious, the Criminal Procedural Law revised in2012take the mental patient compulsory treatment as a special procedure in criminallawsuit, stipulated by a special chapter. The procedure of mental patient compulsorytreatment can be subdivided into start-up procedure, trial procedure, executionprocedure, and relief procedure etc. In these procedures, the start-up procedure is thestart and the most important part of the whole mental patient compulsory treatment.Before this, related laws is incomplete, which led some imperfection of the start-upprocedure in mental patient compulsory treatment and needs to be improved andperfected. Therefore, the author thinks it will be very academically and practicallysignificant to further and separately study the start-up procedure of mental patientcompulsory treatment. The detailed discussion of this thesis contains four chapters asfollowing.The first chapter state the basic issue of the start-up procedure of mental patientcompulsory treatment. After clarifying the related concept of start-up procedure ofmental patient compulsory treatment, author will analyze the basic characteristics andevaluate the value, to lay the academic foundation for the main body following.The second chapter is mainly about the suitable objects and start-up subjects ofthe mental patient compulsory treatment. In our country, the suitable object ofcompulsory treatment is the mental patient who don’t have to take the criminalresponsibility according to law, and the attitude of law is conservative and cautioustowards the range of suitable object. During the stages of investigation, examinationand prosecution, the start-up subject can be only the people’s procuratorate; Duringthe trial stage, it can only be people’s law court. So at present, the right ofimmediately start-up compulsory treatment has been taken from the public securityorgans and other organs, groups and organizations, but also the people participatingthe lawsuit according to law.The third chapter is about the start-up condition and method of mental patientcompulsory treatment. At first, this chapter discuss the start-up conditions of mentalpatient compulsory treatment of our country in detail. Then, this chapter discuss thestart-up methods of mental patient compulsory treatment and thinks there are the threedifferent kinds of start-up methods according to the different stages of lawsuit. Only when strictly obeying the start-up method under the guidance of laws in differentstages of lawsuit, can the start-up subjects carry out the compulsory treatmentaccording to the laws.The forth chapter points out the deficiency and put forward the perfection. Thischapter is the core and essence of whole thesis, showing the innovation. Based on theCriminal Procedure Law, this part state the deficiency of the start-up procedure afteranalyze from the aspects of legislation, theory and practice, etc., in the precondition ofcomparison with the laws of other countries. According to the deficiency above, usingthe successful related system for reference, author finally proposes several specificconcepts for mental patient compulsory treatment. |