Study On Evidence In The Mandatory Medical Treatment Procedure

Crimes committed by mental patients is a giant threat to public security andpersonal safety. The Amendment to the Law of Criminal Procedure has officiallycreated “the mandatory medical treatment procedure of the mental patients who donot bear criminal responsibility according to law”(be hereafter referred to as penalmandatory medical treatment procedure), making great contribution to the legalizationof mandatory medical treatment system.However, the legislation in the Law of Criminal Procedure and Interpretationon the Appliance of the Law of Criminal Procedure by the Supreme Court is still toomacroscopic, leaving large space for perfection. In order to better ensure socialsecurity and enhance mental patients’ legal rights, researchers shall pay moreattention to the details of the penal mandatory medical procedure and offer practicaladvice.In any legal system, evidence is crucial for the settlement of disputes, Thus theburden of proof and rules of evidence are essential to any dispute settlement system.As the penal mandatory medical treatment procedure, evidentiary issues relate tosocial security and enhance mental patients’ legal rights, however, the research ofevidence problem which plays an important role is still in the outline of academic. Soit is necessary to discuss the evidence problems.And on the base of a deep analysis and deconstruction of the procedure, it offered a series of practical advice to perfect the penal mandatory medicalprocedure.This paper could be divided into two pain parts in structure. The preamblepart introduced the background in which this paper was completed. The main body ofthe paper dissertated the subject in three chapters.The first chapter surrounds the core evidence the expert opinion in medicalprocedures, which focuses on review and accept evidence. In judicial psychiatric,Dueto the complexity of the object,review and adopt the expert opinion is the majorchallenge which facing by the judge.In order to ensure the integrity of the judicialpower, it is necessary in the distinction between medical problems with law and thefacts,Reconstruction and security the procedure of Review and admissible.the second chapter is the Interpretation of the Criminal Procedure law. TheArticle284is divided into six parts which analysis conditions to the mandatorymedical treatment procedure.On the other hand the second chapter analysis proofactivities by object, burden of proof, proof standard.the third chapter mainly discusses two problems which is closely related with themandatory medical treatment procedure.