The Application Of Criminal Law Of The Illegal Behavior In Compulsory Medical

Compared to the healthy people,mentally ill can be described as Vulnerablegroups,Interest in this group compared with healthy people is more vulnerable to abuse,and alarge part of them who do not know, can not remedy their rights.The rights and interestsshould be pay attention to, when necessary, to use criminal law to protect their rights andinterests.Serious violations of rights of mental patient in the practice of illegal behavior doesexist,however, whether in legislation or in the judicial disposal efforts are inadequate for suchbehavior,and investigate such acts in the academic circles of our country is less.In the criminallegislation, justice of mental patients increased attention to the realization of justice.In this paper, in addition to the introduction, is divided into six parts, a total of more than30000words.The first part, the basic definition of compulsory medical illegal behavior, to the mentalpatient, compulsory medical concept is discussed and the definition of compulsory medicalmalpractice in.The second part, present situation and the plight of the wrongful act of legal disposal ofcompulsory medical, in practice, compulsory medical treatment in serious wrongdoing is notuncommon,but the behavior is investigated for criminal responsibility is scanty,thecompulsory medical treatment by judicial means adults face greater difficulties. Therefore it isnecessary to study the behavior of criminal law.The third part, compulsory medical illegal behavior may be manifested as relatives, units,administrative organs, judicial organs, medical personnel and other actors and behavior. I havedivided wrongful behavior into illegal hospital, illegal medical treatment, abandoned mentalpatients three were analyzed, which in the illegal treatment behavior is divided to illegalrestriction of personal freedom of mental patients, illegal medical measures, insult, abuse themental patient, illegal medicine of the four specific behavior. This part lays the foundation ofillegal behavior by way of criminal law the following analysis of illegal behavior analysis.The fourth part, the criminal law is a crime and penalty provisions of the law, only a serious violation of criminal law protection of legal interests behavior is considered a crime,in defining the crime and non crime criminal legislation and practice in the boundary shouldbe considered when the crime punishment legal principle, legal principle, the principle ofmodesty. In addition to the definition of illegal behavior of compulsory medical the penaltylimits should be consistent with the principle of balance requirements, also need to considerthe problems of crime and criminal responsibility of family and business crime.The fifth part, the mental patient to enjoy the rights of other citizens, their personal andproperty rights are protected by law in china. In the compulsory medical treatment in therights of life and health, personal freedom rights, reputation rights and other legal rights areseriously violated, the need to adapt to Chinese criminal law to regulate these behaviors,mainly applicable for crime of abuse, abuse, crime of intentional injury by regulators(murder), crime of medical accident crime, crime of abandonment, the crime of illegaldetention, the crime of illegal medical practice, however, there exist some problems in theapplication in some charges.The sixth part, according to the method described above to improve the plight of illegalbehavior analysis of compulsory medical treatment in criminal law, the crime of seriousillegal acts according to the theory, and explore will force the illegal medical in legislative andjudicial crime specific initiatives. In view of the current legislation has some shortcomings inthe aspect of regulating illegal behavior in the compulsory medical treatment, this part putsforward to the crime of abuse, abuse by legislation supervision, medical accident crime, crimeof unlawful detention crime, crime of abandonment these legislative conceptions.