Compulsory Medical Procedures Empirical Research On Some Issues

While psychotic psychopath are likely to lose control of themselves and cause a severely trouble or/and accident due to lack of cognitive ability and behavior control ability. In resent years, the number of psychopath in our country is increasing year by year. Trouble making frequently occur. Because of this, Chinese criminal procedure law set up a special compulsory medical treatment process. Since new criminal procedure law add compulsory medical treatment process, this process is probed by judicial authorities across the country. January 1 2013, Sichuan court system issued its first compulsory medical treatment decision. March 6 2013, Shenzhen court system issued its first compulsory medical treatment decision. March 17 2013, Beijing court system issued its first compulsory medical treatment decision. Afterwards, more and more courts issued their compulsory medical treatment decisions.If judicial authorities promptly used it when one specific legal system was issued, it reflects compulsory medical treatment process is applicable. It also suggests that how to deal with a growing number of psychotic crime is becoming a serious common concern. Base on researched data and material of public security judicial authorities and psychotic medical institutions, this paper presents empirical analyses and researches expected to provide us workable thinking and perspective to make the compulsory medical treatment process improved and operated smoothly. This paper follows empirical researches on compulsory medical treatment process, into 5 parts: introduction, practical applications of compulsory medical treatment process, problems existed in applications of compulsory medical treatment process, suggestions to improve compulsory medical treatment process and conclusion.Introduction: Mainly introduces the concept of compulsory medical treatment and empirical researches, clarifies compulsory medical treatment process is a special criminal procedure which aims at violence that meet the applicable standards, endangering public security or personal safety, psychopath who reaches to the extent of crime. The process will use due process and ideas to restrict or forfeit the psychopath’s personal freedom, stop or prevent their dangerous behavior, treat their mantel illness, help them to return to society when they are cured. The goal of compulsory medical treatment process is fighting against crime, guaranteeing human rights, protecting public interests and safety.Practical applications of compulsory medical treatment process: is divided into entrance, middle stage and exit, each stage’s operation will be discussed in detail. The entrance includes starting process, decision process and remedy; The middle stage is the concrete execution phase of the process; The exit is deregulating process. Compulsory medical treatment starting process includes: to whom it will definite apply, judicial identification of mantel illness by public security judicial authorities, temporary protective restraints made by public security judicial authorities, case review status of start up phase. Compulsory medical treatment decision process mainly introduces the situation of court trial investigation, relevant people appearing in court, evidence material, cross-examination and whether People’s Court will make final decision to do compulsory medical treatment after inspection office applies to People’s Court for compulsory medical treatment during trial stage. Compulsory medical treatment remedy explains when People’s Court makes compulsory medical treatment decision or dismisses it, the litigants and other litigant participants(respondents, the victims, legal representatives, immediate families)The middle stage of compulsory medical treatment process introduces the executive place、time limit of the treatment and relevant problems happened when medical institutions treat psychopath. Compulsory medical treatment deregulating process: through specific cases, this process introduces litigious right and the corresponding duty of People’s Court, People’s Procuratorate, medical institutions and the litigants. And explicits the standard for People’s Court to deregulate the process.Problems existed in applications of compulsory medical treatment process: mainly explains the problems and analyzes the reasons. Through application of judicial authorities, we find out at the beginning of the process, we are facing many difficulties such as the apply group are narrow, temporary protective restraints is lack of standard, some cases have blurry district jurisdiction, the evidence is hard to investigate, the system of court trial and the protection of litigants’ right are imperfect, the remedy is defective, the application is flawed, the deregulating process need to be improved.Suggestions to improve compulsory medical treatment process: mainly states the characteristic of the process and exploration to handle cases. We should enlarge the apply group, refine the standard of temporary protective restraints, use deliver or move cases method to avoid blurry district jurisdiction, enhance the and completion of the evidence, enhance the efficacy of remedy, refine executive measure, optimizederegulating process. We should enhance the efficiency and accuracy of each process step by step, set high standard for entrance and exit process, make the middle stage execute efficiently. So that we can make each process works coordinately and orderly. Conlusion: this paper analyses other problems exist in compulsory medical treatment process, presents how to deal with challenge under the social environment. Under the circumstance that the process is justified, we should use accessory administrative measure. We should establish system of judicial decisions, assisted by accessory administrative measure. We should achieve public security and personal safety, facilitate psychopath to be cured and return to society.