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The Problems And Solutions Of The Compulsory Medical Treatment System In Our Country

Posted on:2015-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y FuFull Text:PDF
GTID:2296330467465314Subject:Investigation
Abstract/Summary:PDF Full Text Request
Because of strikingly uneasy atmosphere and hazardous events triggered bymental disorders, people’s social security and normal life has been greatly affected. Anew chapter has been added to " The Criminal Procedure Law"---" CompulsoryMedical Treatment Procedure for not criminally responsible mental patients". Itaddresses specifically the management and treatment of problems of this dangerouspopulation from the legal perspective, which is a milestone. It has been one year sincethe compulsory medical treatment was implemented, but the effectiveness of itsoperation is not ideal, the various departments practice norms reflect the new systemis not perfect, not enough to support the normal operation of the compulsory medicaltreatment procedure system. And with the development of the monocracy and theinteraction between the new system and the judicial practice, compulsory medicaltreatment procedure also has a new development in theory, so there are many issuesthat need further discussion and clarification. Therefore, it is necessary to analyze theexisting legal principles, institutional framework, legal provisions and judicialpractice of compulsory medical treatment now, in order to clarify its difficulties andpitfalls and improve theory and the construction of the system.This paper consists of four parts.The first chapter discussed the theoretical basis of compulsory medical treatmentsystem, clarified the nature of the compulsory medical treatment, and compared withthe typical legislative practice of foreign countries. It clarified that the basic theory ofcompulsory medical treatment system is "dangerousness", which is completelydifferent from the existing criminal law "behavioral theory", and human rightsprotection and order maintenance are two main purposes of the system. It repositionedthe nature of the system according to our judicial reality and revealed fundamentalcontradiction of development and improvement of the compulsory medical treatmentsystem.The second chapter constructed the basic elements of the compulsory medical treatment system. In the existing legal provisions, the basic elements of the systemdoes not fully raised, so that in judicial practice most of the energy and resourcesfocused on the medical Professional issues and ignored the other elements. To avoidthis situation, this chapter put out and analyzed individually the elements on the oughtlevel and laid the foundation for the analysis of judicial practice problems.Chapters III and IV are the focus of this article. The third chapter described theproblems of compulsory medical treatment existed in its theory and practice. Basedon the analysis of the rational construction in the second part, and comparison withthe similar systems home and abroad, it pointed out the difficult choice of thecompulsory medical treatment system between the theory and the value, and theconflict between traditional criminal law theory and compulsory medical criminal lawtheory of penal legislation, and the difficulties existed in terms of judicial proof andspecially identified problems, which pave the way for scheme of the system in thenext part.The fourth chapter consist some thoughts and recommendations for compulsorymedical treatment system. Corresponded to a range of issues previously mentioned,this chapter firstly established the value orientation that balancing the order andhuman rights in theory, and give out the appropriate legislative proposals in order tounify the criminal law. Secondly, in the time of judicial resources integration, it tookthe beneficial experience of domestic and international legislation into account, andtried to improve the compulsory medical treatment system in theory, practice andsupporting regimes.
Keywords/Search Tags:Compulsory medical treatment, criminal policy, dangerousness, judicial proof, identification
PDF Full Text Request
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