Problems And Countermeasures Of Chinese Mental Disorders Forced Medical Procedures Based On Comparing With Japanese Mental Disorders Forced Medical Procedures

Mental health issues have long been important issues that affect social stability, and mental disorders as a vulnerable group in the bottom of society, its survival of the state is very worrying, serious shortage of medical resources and social regulation ineffective, resulting in serious criminal cases occur frequently. This group of people in the margins of society caused by damage to the public interest, a huge economic burden of mental disorders and their families their legal rights have been seriously violated other issues, advancing into the public’s perspective, touched the public nerve.Domestic and foreign health care system in the long term mandatory Send a process experienced from scratch, in the dark road ahead. Before promulgation of the new Code of Criminal Procedure, the practice of law and the judicial enforcement of mental health disorders have the strong" executive"color, define the nature is unknown, applicable object blur, and decided to bring the body is unclear and the lack of due process and many other problems, leading to forced medical interventions in the actual running a serious lack of protection. March2012, the NPC adopted the amendments to the Criminal Procedure Law, the compulsory medical procedures in the form of special procedures into them, is our criminal legislation in a landmark initiative.This paper is divided into three parts, the first part, the author mandatory psychiatric health care system overview, first analyzes the concept of compulsory medical psychiatry, and then analyzed from the perspective of the program mandatory psychiatric health characteristics, and analyzes the compulsory health the value of the program; then expounded China’s history of mental illness forced medical procedures development, and choose the health care system to force Japan to compare psychiatric reasons, proceed from historical reasons and practical significance in two ways.In the second part, the author of the specific rules in force the day psychiatric medical procedures were compared. First described in Japan related systems, and then to China related systems are described, and then on this basis, the relevant provisions of China and Japan comparative evaluation. Compare the following main key parts:the program starts, the application object, applicable conditions, operating procedures, mandatory medical institutions.In the third section, based on the date of the previous comparison, mainly on our existing compulsory psychiatric problems in medical procedures and specific recommendations for improvement. The first is the medical procedure of compulsory psychiatric problems in the analysis, mainly in three aspects:the specific applicable standards are not clear, forensic psychiatric expertise is not standardized, and the implement agencies and mental health of those forced to return to the lack of social protection mechanisms. On this basis, from the applicable object,"There continues to endanger society possible" that standard, to take care of persons with mental disorders reintegration mechanisms to improve the construction of the three aspects of the specific rules of compulsory psychiatric medical procedures for their constructive comments.