Analyzing The＂specialty＂of Compulsory Medical Treatment

In2012, the criminal compulsory medical treatment system is included in thecriminal procedure law in the fifth part which is called “Special procedure”. The lawshows the applicable condition, decision subject, trial method, relief, execution andsupervision of the compulsory medical treatment. This suggests that the principle ofjudicial review was established in the criminal compulsory medical procedures.However, the compulsory medical treatment system is flawed if we analyses themental health law, law of the people’s police and cases for more than a year. Thesedefects with the administrative attribute can lead to lack of relief procedure andlitigation structure uneven and the indistinct definition between medicine and law. Sothe legal attribute of compulsory medical procedures, the judgment method of thecriminal compulsory medical treatment system, are two main lines of this paper. Andit is also the logical starting point or basic embodiment for analyzing the “Specialty”.On this premise, we have to analyses this problem from the perspective ofEmpirical Legal Research to show the inherent logic of "special program" criminalprocedure law. At the same time, I will compare difference between the legislativepurpose and actual effect. I hope to put forward some suggestions which can perfectour country’s psychiatric compulsory health legal system. This paper consists of four parts (as four sections) excepting the introduction andconclusion parts. In section I, I researched the nature of criminal compulsory medicalprocedures in theory. On one hand, I discuss the legislative purpose and the value ofthe mandatory medical procedures. On the other hand, I compare the foreign systemsto show the nature of criminal compulsory medical procedures. Through two aspectsabove, we can find two basic directions for researching this problem.Section II combed articles of law to research the three problems. Firstly, Ianalyses measures of compulsory medical building to show the legal attribute of thisprocedure. Secondly, this part shows the conflict between different laws. We canrealize the administrative attribute of compulsory medical treatment. Finally, I buildtwo operation modes of compulsory medical treatment through analyzing the mentalhealth law. Actually, the pattern which is from the mental health law is invalid andinoperable.On the basis of Section II, Section III mainly discussed actual operation situationof compulsory medical treatment for more than one year. Through SPSS software wasapplied for statistical treatment for106real cases, we can find the administrativeattribute of compulsory medical treatment during actual operation situation. It willshow the abuse of temporary protective restraint measures, single source of judgingand subjective factors. On the basis of the linear analysis and Gaussian distribution,we can summary some useful conclusions. We can promote the efficiency ofcompulsory medical treatment by strengthening the treatment of some diseases(schizophrenia and paranoia).And on the basis of Section II and III, Section IV indicated problems ofcompulsory medical procedures at present, and put forward the solution to solve theseproblems. Firstly, we should coordinate the relationship between different laws. Suchas the criminal procedural law, the mental health law and the people’s police law.Secondly, our government should clear applicable conditions of temporary protectiverestraint measures. Finally we can establish unified judicial authentication standardand expert auxiliary system.