Compulsory Medical Procedures And The Operation Of Procuratorial Authority

Repair method to establish criminal responsibility in accordance with the criminal procedure law of our country medical procedures discussed with enforcement of mental patients, has realized the mental patient and judicial enforcement of mandatory medical procedures under the rule of law, to better protect the litigation rights of psychiatric patients and of the interests of the masses of the people. Patients in the spirit of the criminal responsibility is not in accordance with the mandatory medical application, current revision draft embodies the national consortium under the idea of individualized justice and social return policy, also with our country current criminal legislation combining idea.procuratorial organs as an important participant compulsory medical litigation procedure of criminal case, in the process of supervision and forced medical procedures will encounter many difficulties and problems. procuratorial organs shall follow the respect and safeguard human rights, and the powers and duties unity, supervision and coordination in accordance with the three principles, the combination of the legal supervision on the basis of perfecting legislation, to strengthen the construction of safeguard mechanism, so as to promote the good implementation of the compulsory medical procedures.This article through to the provisions of the mandatory medical procedures and procuratorial authority in compulsory medical applications running principle, the judicial application, existing deficiencies and perfect, etc. For compulsory medical procedures of the concept, characteristics and properties of grasp is the starting point of this paper, through tracing the legal source of the mandatory medical procedures, to deepen the understanding of mandatory medical procedures; By comparing our country and outside countries of Anglo-American law system and continental law system countries concerning the legal system of compulsory medical procedures, summed up the compulsory medical procedures and outside the compulsory medical treatment in our country, the characteristics of the further analysis of procuratorial authority in use, the problems of compulsory medical treatment program and puts forward the opinion of the perfect. The focus of this article will research on procuratorial authority in compulsory medical procedures in the operation of the existing problems and the need for the perfect place, from the mandatory medical procedures set is reasonable, from the mandatory medical procedure subject, enforcement authorities and enforcement measures, implement supervision and the legal means of relief and so on is analyzed, the present legislation and rationality of the procuratorial authority in compulsory medical applications use problem. Last part mainly from the mandatory medical program execution subject, the determination of the main bodies of procuratorial supervision, application problems and safeguard mechanism aspects of necessity, feasibility analysis, discusses our country compulsory medical procedures can be perfect.