The Defects And Pefecting Of Criminal Compulsory Medical Procedures

Crimial compulsory medical procedure is a kind of Security Measures，whichdoes not mean to publish。Crimial compusory medical procedure is aimed to protectsociety by cruing the medical disease。The Crimial compusory medical procedure wasbuilt in2012， which is a great progress。 However， there are constitutionalshortcomings and real dilemmeas in the Crimial compusory medical procedure，which is waiting to be solved.This article contains five sections.Every section is related to the perfection ofcrimial compulsory medical procedure.The first section is about “the basic conception of Crimial compusory medicalprocedure”。In this section，this article points out that Criminal compusory medicalprocedure is one of Security Measures，which are measures with judicial nature. Andthe legal basis of Criminal compusory medical procedure is “humanism”and“thetheory of society defense”.The second part is about“constitution shortcomings of Crimial compusorymedical procedue”。This part discusses three shortcomings：the weak operability、theshortcomings of relief、a lack of judicialization.The third part is about“he realdilemmeas of Crimial compusory medical procedure”，which contains “the chaos ofjudical identification”and “insufficient medical resurces”.The forth part of article is about “the investigation of foreign legislation”.Iintroduce the Amercian、Britain and Germany Crimial compusory medical procedure，and I point out the content which is worth learning.The last part of this paper puts forward the proposals on perfecting the crimialcompulsory medical procedures.There is “standardization of the applicableconditions”,“expanding the scope of application”,“diversification of appraiser”,“increasing the way of judical relief” and “diversification of actuator”.