The Criminal Compulsory Medical Procedure

Special procedures have been added to the new Code of Criminal Procedure with certain capital of the procedure of compulsory medical treatment of patients with mental diseases who are not responsible for criminals by law, which make the compulsory medical treatment into the Rule of Law. The criminal activities of the patients with mental diseases are random, unpredictable and violent, which are the unstable element of the society, influence the safety of the life and wealth of the citizens and impair the normal order of the society. Meanwhile, to prevent to violate the legal rights of others and the phenomenon of mental diseasesd to secure the legal rights of the mentally ill patients, it is necessary to make laws of the compulsory medical treatment of patients with mental diseases and set specific judicial procedures. It is not only to obey the international rules, but also based on the Chinese situation, ensuring the needs of the value balance between protection of human rights and social security. The progressive programming mode is selected for the new Criminal Procedure Code provisions on compulsory medical treatment, with an abstract and general content which is not convenient for the application of people engaged in judicial practice. The article focused on the main line of compulsory medical Judicature, making detail discussion in the compulsory medical objects, compulsory medical startup programs, procuratorial supervision and procedures improvement, defining the characteristics of the compulsory medical treatment, distinguishing the admitted objects between the criminal and illegal compulsory medical treatment, thus solved the problems of Standardization of compulsory medical treatment, procuratorial Supervision in the Judicial practice. The author also exploratorilly provide a conceive to perfect the compulsory medical treatment Procedure, e.g., the objects of the compulsory medical treatment should be enlarged, etc. In the expectation to enlighten the discussion of theory, improving the standardization and legalization of the justice run of compulsory medical treatment, benefit justice practice.