The Research Of The Criminal Compulsory Medical System

The purpose of this paper is to revolve around the criminal procedure law of "compulsory medical treatment system" to explore. After three cases of mental patients are described, which leads to the present stage of the mental patient crime situation in our country. As one of the most populous country in the world, the prevalence of mental patients and the resulting various cases are rising day by day in our country. No matter for any country, mental patients are the vulnerable groups which are worth to be concerned and cared by the social public. If we regardless of them, and let them to free development, their survival, life and other basic rights will be destroyed. And the more serious is that they are like a time bomb, which has a harmful effect to the social security at any time. Because their diseases have violent, sudden and repeatability and so on. So in order to protect the rights of the psychiatric patients and the security of our country, the legislature bring the "compulsory medical treatment" into the new criminal procedural law in2012. And bring the programs in the compulsory medical treatment as the main contents of the compulsory medical treatment system, such as:mandatory medical legislation, the judgment of the court, procuratorate’s supervision, etc., all of them make people tend to earnestly. On the basis of above, I select the topic of compulsory medical treatment system, trying to discuss each chapter from theory and practice,and in turn to put forward the advices to improve the system of compulsory medical. There are four chapters in the article: The first chapter mainly discusses the related basic theory of compulsory medical treatment, and provide theoretical basis for the later discusses. The second chapter mainly aim to explain the legislation and current situation of the compulsory medical in our country. And further expounds the shortage of the problems in the compulsory medical treatment system from the practice. The third chapter mainly analyzes the abroad compulsory medical treatment system, such as countries of Anglo-American law system and continental law system. And elaborates the national related regulations of compulsory medical treatment. The fourth chapter mainly put forward the advices to improve the compulsory medical treatment system from the legislation. Fully from the perspective of the protection of human rights to make our country to more accord with the requirement of a country under the rule of law.