Research On Improvement Of Compulsory Medical Procedure In Criminal Procedure Law

According to the amendment of criminal procedure law in2012, the compulsory medical treatment procedure of mental patients who share not bear criminal responsibilities was added in chapter4, part5. Besides, the criminal procedure law has clearly defined the target people, subject, supervising system, trail procedure and etc. It is the first time that the law introduced compulsory medical treatment procedure. As a brand new institution, compulsory medical treatment procedure highlights social defense, the guarantee of human rights, medical assistance, procedural justice and other legal appeals, which means a great significance. However, it also has some shortcomings, such as overly depending on administration, lack of procedural legitimacy, disorder of medical evaluation, procuratorial supervision has not been clearly defined and etc.Based on plenty of research of legislation examples in and abroad, the author found that there are common grounds as well as differences in compulsory medical treatment procedure, which gives us inspirations to improve it. On basis of the current situations of China, also drawing lessons from advanced legislation examples of foreign countries, the author put forwards some ideas in the field. In the part of target people, the author bring3groups of people into compulsory medical treatment procedure, they are mental disorder offenders with limited criminal liability, mental patients with no competence to stand trials, and those who suffering from mental diseases during the execution of criminal punishment. In the part of applicative procedure, we propose prosecutors in court, respondents in court, appointed lawyers participating in the entire process, victims participate, cases being heard in private, trail by default, party’s right to appeal, the People’s procuratorate to present a protest and etc. In the part of expert evaluation procedure, we propose the evaluation experts in court and give testimony, setting up reasonable evacuation parties, expert assistants participate and etc. In the part of procuratorial supervision, we propose to improve the supervision of the People’s procuratorate towards the People’s court, the public security organ and compulsory executing organs.