Psychiatric Compulsory Medical Empirical Studies In Yunnan Province

New enacted in the criminal procedure law of the People’s Republic of China in 2013,for the first time to psychiatric compulsory medical treatment into law, it is a big step forward of criminal litigation, solved the use violence the act of endangering public security or cause serious damage to the personal safety of mental patients to escape legal sanction,become the urgent need of social time bombs,more judicial practice provided operating instructions. But due to the short period, legislation is relatively principle, judicial interpretation and six authority regulations provisions for psychiatric compulsory medical treatment has certain limitations, the practice to correctly grasp and apply the compulsory medical treatment has certain difficulty.The article used found that the problem, research questions, the thinking of writing,From January 2013 to June 2014 in yunnan province, psychiatric compulsory medical case after combing, statistics and analysis, think that mental illness forced to deal with problems as follows:in the process of medical case "may continue to harm society" that is difficult, the trial has the tendency to be falsified, mandatory medical effect is not ideal, the victims and their close relatives the lawful rights and interests of the guarantee is not sufficient, the lack of the supervision of the procuratorial organs. Because of this, the author analyzes the causes of these problems, think the reason is mainly reflected in the following aspects:one is the imperfect legislation, operability is not strong; Second, mental judgment very professional, investigators often overwhelmed; Three is mandatory medical qualification actuator is not unified, affecting the effects of the implementation of specific; Four is mandatory money didn’t get the health care, is bound to affect the smooth to deal with. In order to solve these problems, the author suggested that can be improved from the following aspects:one is the clear standard of personal danger, accurately grasp the psychosis of compulsory medical treatment for objects and applicable conditions; Trial 2 it is to consolidate the foundation, enhance the antagonism of trial; Three is to establish the ankang hospital as the main body of the execution mode; Four is to broaden the channels of right remedy for the victim; Five is clear execution cost of subject; Six is intensify the supervision of the procuratorial organs, safeguard the legitimate rights and interests of mental patients involved; Seven is unified psychiatric compulsory medical case forms of legal documents.Psychiatric compulsory medical treatment is a kind of special restrictions of personal freedom to mental illness, it should be in practice, especially should focus on to protect the legitimate rights and interests of mental patients, while countries to protect the rights and interests of mental patients have different regulations, but to protect the basic rights of mental patients and careful use of compulsory medical treatment is the trend of legislation, our country should also pay enough attention to this special procedure.