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The Study Of Procedural Problems In Mental Patient Criminal Compulsory Medical Procedure

Posted on:2015-11-17Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhangFull Text:PDF
GTID:2296330467954342Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In recent years, the prevalence of mental illness increased year by year. Peoplepay more and more attention to the mental patient crime.Before the CriminalProcedure Law(2012), the public security organs of compulsory medical treatmenthas been in a head of state. Mandatory medical specific operation is also viewed as acompletely dominated mode, lack of legal basis in the legislation, judicial practice arealso difficult to have a fair and transparent.In this running mode, the normal person"be psychosis" phenomenon also happen from time to tome. In Criminal ProcedureLaw(2012), the criminal compulsory medical procedure is an independent litigation incriminal procedures. It is clear for the first time in legislation will be forced tomedical legislation, make mandatory health officially became a judicialprocedure.This modification of the program shows the milestone significance.Around the new law has been used more than a year, there have been somecriminal compulsory medical cases.This procedure also appeared someproblems.Some of the problems has left concerns in the legislation,some of theirlegislative intention do not tally with the actual cases.Through the analysis of the law,at the same time, reading books, and carries on the research method of inspectionsystem to Shanghai, I insight into the compulsory medical procedures in the judicialpractice of specific applicable procedural problems.Broadly speaking,these problemsmainly include the following aspects: first, mandatory medical procedures applicable standards is not refined, both in law and judicial explanation as to the application ofthe provisions of the applicable standards to make a more detailed practiceprocuratorial organs in the process of obtaining a medical difficult to grasp; Second,mandatory medical procedure is not clear, such as legal aid one-sided, prosecutorsdecided deadline are rigid, remove to the assessment procedures are not operationalrules, etc., in practice is still in the process of gradually grope for; Third, mandatorymedical procedure is unreasonable, main show is start the subject has limitations,relief way rules; Fourth, mandatory medical procedures exist blind area, supervisionmeans no efforts, led to dummy supervision.After clearing the problem, the author in view of the problems puts forward somecountermeasures to perfect the criminal compulsory medical procedures, including adefendant, balance the launcher, and create a fair, efficient and trial procedure,construct a specific evaluation of lifting procedures as well as the construction of areasonable and effective relief and supervision four aspects.Hope for the future I amcontributing the perfection of the criminal compulsory medical procedures.
Keywords/Search Tags:mental patient, compulsory medical, proceduralproblems
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