The Research On The Compulsive Medical Procedures Of Mental Patients

As a risky social group, the mental patients are also a vulnerable group. A series of problems caused by the mental patient and compulsory medical treatment not only affect social security and stability, but the basic civil rights and freedoms, in practice it has become a social problem which spreads to a wide range and attracts much attention.The America and European countries which are developed for the rules of the mental patient mandatory health have been mature and systematical, they not only put these rules of compulsory medical measure into the confine of judicial review, but treat it as a kind of special criminal procedure which is ruled specially and detailed, aimed to protect the rights of psychopaths better. By contrast, Before the publishment of criminal procedure law in 2012, although article 18 paragraph 1 of the “criminal law” in 97 have made provisions to the compulsory medical treatment system, but because its content is too principle and fuzzy, plus lacking of a matching procedure in the “criminal procedure law” as a support, makes compulsory medical treatment in practice most evolved into a administrative compulsory measure, besides the local public security master the applicable standard itself, the bigger question is that the whole operation process is not only lack of supervision and intervention of procuratorate organs, court which are neutral, but parties don’t have relief ways, this approach not only violates the regulation of "legislative law" seriously, the direct consequence is that the powerful executive power is originally out of jurisdiction’s control, what’s more, it further exacerbates the risk of executive power which is abused, so it often appears “the true mental patients make the frequent phenomenon of “cause trouble”“cause accident” due to the lack of effective regulations and treatments for long term ”,“normal people are treated as mental patients because of property disputes ”, “criminals use the judicial identification of mental illness to escape the penal sanctions” in practice, such chaos undoubtedly highlights the severity of social problems caused by lack of compulsory medical procedure.The criminal procedure law in 2012 puts “compulsory medical treatment of the patients who needn’t to bear criminal responsibility” as a special procedure into laws, and carries out tenet of judicial final judge, this is undoubtedly a milestone significance for the maintenance of social security, the protection of the mental patients’ legitimates rights and the treatment of the mental patients. When we affirm its value, at the same time we must keep alert and reflection on new problems in the process, the paper combine foreign legislation and the rules of the “people’s police law”, “Criminal Procedure Law”, “mental health act”, and carries out further analysis on the related problems, in order to be beneficial to law construction of compulsory medical treatment. The article mainly include the following three parts:The first part, in order to ensure that the study of the mental patients’ compulsory medical procedures on the same level, this paper first discusses the concepts of “mental disease” “compulsory medical procedure”, on this basis to define the nature of compulsory medical procedures, then makes a rational definition of the position, at last carries on the thorough analysis on worth of the program, to provide a theoretical support for the following series of specific program design and judicial practice.The second part, the article treats that existing legislation and practice of the advanced countries in two legal systems systems outside as foundation, analyze applicable targets, applicable conditions, trial procedure, finalizer run, the relief way of compulsory medical procedure and so on in detail, and carries out comparative analysis on the similarities of the compulsory medical treatment between two legal systems, to provides the beneficial reference for our country’s compulsory medical procedures.The third part, By combining the provisions and practice of compulsory medical procedure, the paper carries on the detailed comb on the examination procedure, trial and decision program, execution and supervision program, relief program, such as the phenomenon of repeated psychiatric examination is serious, the design of the trial procedure hurts the victim party, the right of compulsory medical institutions too powerful, supervision measures lacks intensity, then presents the corresponding perfect suggestions on the basis of national conditions and advanced foreign legislative experience, for example increase the diaphaneity of authentication, clearly give victims the rights to take part in trial, bring in professional supervision mechanism,build matching set of guarantee system and so on, thus finally builds solid foundation for the law construction of compulsory medical treatment.