A Study On Criminal Compulsory Medical Procedure

The mental patients would implement serious behavior of endangering the society because of the particularity of their illness. It has become a hidden peril for the social security. At the same time, as the disadvantaged groups, their own rights and interests should also be paid close attention to and protected. Therefore, in order to protect the social security and human rights of the mental patients, it is necessary to implement criminal compulsory medical care for the mental patients with no criminal responsibility. At present, it has formed a perfect system for the mental patients in compulsory medical care in many countries of the world, but there is only a simple regulation in "Criminal Law" in China for a long time. In2012, the compulsory medical care for the mental patients would be as the special procedure to be stipulated in the revising criminal litigation law and other judicial explanation. It constructed a preliminary framework for the criminal compulsory medical care procedures in China. The details of the program were further supplemented in the subsequent enacted "Mental health law of the people’s Republic of China". These latest legislation provides relatively clear and operable procedures for the practice of compulsory medical care. Nevertheless, there are still some deficiencies of legislation and its running in the criminal compulsory medical care procedures at present in China. Therefore, in this paper, we focused on the basic concepts of the criminal compulsory medical care, and the legislative situation of the criminal compulsory medical care procedures in our country were analyzed by comparing the legislation and practice of the criminal compulsory medical care procedures in other countries and summarizing and studying their valuable experience. In final, the ideas of improving the criminal compulsory medical care procedures of our country were proposed for the previous deficiencies.In this paper, firstly, the criminal compulsory medical care procedures were described. The basic theories of the criminal compulsory medical care such as concept, meaning and nature were defined. The development process and characteristics of the criminal compulsory medical care procedures were analyzed. Secondly, on the basis of comparing and analyzing the relevant legislation and practice of compulsory medical care of the typical nations in the two legal systems, their common characteristics in the application were summarized. Then the legislation actuality of the criminal compulsory medical care procedures in our country was analyzed according to the judicial practices of our country. The advances in the legislation of this process were mainly summarized and the deficiencies of the legislation and operations at present were revealed. Finally, according to the defects of the legislation and practice operation of this process, some perfected concrete proposals were put forward which were from several factors of the criminal compulsory medical care procedures, such as the application procedure (including the applicable objects, identification, trial and execution), remedies and paying the relevant expenses. It can perfect the practice of the criminal compulsory medical care procedures.