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Study On The Criminal System Of Compulsory Medical Treatment For Mental Patients

Posted on:2016-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:L SunFull Text:PDF
GTID:2296330467989553Subject:Law
Abstract/Summary:PDF Full Text Request
With with world spirit health career of development, spirit disorders problem has becameeffects China social stable of major social problem, psychiatric people of criminal forcedmedical program also came into being, but currently China psychiatric patients of criminalforced medical measures exists with many defects, for spirit patients this a special of groups,has long due to discrimination and bias more was social mainstream crowd by ignored, ledsome psychiatric patients is no guarantee that basic of liberty, to get reasonable effective ofhealing. Many countries in the world today, has established a perfect system of compulsorymedical treatment of mental patients, and the legal construction of China’s criminalcompulsory medical treatment of mental patients has made slow progress.Argues that regulating China’s criminal compulsory medical treatment for the mentallyill focus on unifying China’s legislation of criminal coercive medical treatment for thementally ill, and clearly China’s criminal compulsory medical treatment for the mentally illsubjects, specific provisions applicable conditions of China’s criminal compulsory medicaltreatment for mental patients, our mentally ill criminal enforcement of the medical procedure,perfecting the spirit of criminal compulsory medical remedy.Papers from the balancing of the rights, freedoms and social justice theories, learn fromGermany and the United Kingdom, and Japan and the United States and other countriesexperience puts the mentally ill criminal enforcement problems in the health care system andimprove the proposal.The first part focuses on criminal system of compulsory medical treatment for thementally ill in China analysis on basic connotation and value of.Second part is discussed in other countries of the mentally ill criminal compulsorymedical and development, we focused on the United Kingdom and the United States, andJapan and Germany’s criminal system of compulsory medical treatment of mental patients,and the extraterritorial criminal system of compulsory medical treatment of mental patientsmade certain comments on.The third part focuses on China’s current analysis of the problems existing in criminalcompulsory medical. treatment of mental patients, mainly from our criminal law ofcompulsory medical treatment for mental patient sand the mentally ill criminal problems inthe application of compulsory medical treatment in practice two major aspects are analyzed.Part is the perfection of China’s criminal compulsory medical treatment for mental patients, the main areas covered are: criminal compulsory medical treatment for the mentallyill object magnification, perfect identification of the presage procedure of the mentally ill, orperfection of the proceedings against the applicant and its related subjects the protection ofthe rights of the accused and standardizing the legal supervision power of the exercise mode.
Keywords/Search Tags:due process, compulsory medical treatment, the mentally ill, inspection and supervision
PDF Full Text Request
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