Research On Compulsory Medical Judicial Procedure

In the period of our social transformation, for the diversity of social contradictions, fast pace of social life and big competition pressure, more and more people are suffering from mental disorders. The problem of the management and treatment of mental patients has become an important social problem, because it has an effect on social security, protection of human rights and social stability.Compulsory medical that by the provision of Criminal Law in 1997 for the mental patients who had criminal behaviors is a kind of system about treatment and supervision. However, due to the lack of procedure laws, compulsory medical is not fully used. What is worse, there were some undesirable phenomenon, such as the abuse of power,violations of human rights and so on. So it is very urgent and important to set procedural provisions about compulsory medical.In 2012, " Criminal Procedure Law Amendment " compulsory medical procedure, which not only makes up the shortages of Criminal Law so that compulsory medical can be carried out by this law, but also helps restrict public power and protect the mental patient’s legal lights. However, the provisions of compulsory medical procedure have some defects, so it is necessary for us to make further and clearer explanation, thereby compulsory medical can be implemented correctly and the goals of the guarantee of human rights and social defense can be realized. In this paper, the application of compulsory medical measures program called "mandatory medical judicial proceedings", is divided into five parts to elaborate.The first part of the judicial process is mandatory medical overview of the basic theory of compulsory medical meaning, the meaning of compulsory medical judicial process and the differences between them were analyzed, a clear mandatory nature and function of medical judicial proceedings.The second part is a mandatory medical visits outside the judicial process, to understand the different countries and civil law countries set up the Anglo-American legislation forced medical procedures, and analyze the relationship and differences between them, combined with China’s actual situation, to find that can refer to and learn from.The third part is to enforce our existing laws and regulations of medical interpretation, which analyzes the laws and regulations of the deficiencies and problems discovered in the course of practice, in order to solve specific programming.The fourth part of the judicial process of compulsory medical constructed detailed, specific judicial procedures from compulsory medical objects, make recommendations for improving the aspects of the issues raised above increase Forensic procedures, pretrial, court and enforcement.