Research On Compulsory Medical Procedures

The newly revised Criminal Procedure Law in the year of 2012 has increased a chapter of special procedure, which has formally established the criminal compulsory medical procedures of our country. The revision has put the compulsory medical procedures into the scope of judicial review. The establishment of compulsory medical procedures aimed at protecting social public security and the mental patients rights. It also fill the blank of our country’s legislation and is a big step forward procedural legislation. However, each new application from set up to apply, is never a simple technical problem. It is always the product of the combination of legislative value concept and the practice test. From the view of the value pursuit of legislation, the establishment of compulsory medical procedures embodies the double care for social security and mental patients health. The ideal state of compulsory medical procedures is the cured mental patients returning to society smoothly and no harm to society an others any more. From the view of judicial practice, compulsory medical procedures established for more than two years, there are several problems. The procedures cause more and more scholars`s attention. The relevant theoretical research is becoming more and more extensive and detailed. But the apply of compulsory medical procedures wandering between the ideal and reality because of the absence of specification.This paper has combined the theoretical study and the empirical research, launched a comprehensive study on our country criminal compulsory medical program by the research methods of collecting materials, comparative study, theoretical analysis and logical reasoning and summarized and so on. In order to promote the perfection of the program and to realize the maximize value of compulsory medical procedures.The paper provides a comprehensive review of the criminal compulsory medical procedures, and on this basis, the paper then focused on the in-depth analysis of the deconstruction of compulsory medical program combined with the different situations in the start up, trial, execution and supervision of compulsory medical procedures in more than two years time and sum up the legislative limitation and the specific performance in the regulation on applicable objects, the temporary protection measures,identification, trial and execution and supervision. At last, the paper puts forward the solutions of the problems mentioned above and the perfect suggestions to improve and perfect our country criminal compulsory medical procedures.