Research On The Compulsory Medical Treatment Procedure In Criminal Action

There are mainly two cases of compulsory medical treatment in the legal sense. In the first case, compulsory medical treatment means forcing mentally disturbed persons to receive medical treatment; in the second case, it means forcing VD patients to receive medical treatment. The focus of this article is compulsory medical treatment in the first case, and theoretical compulsory medical treatment mainly refers to the first case in which mentally disturbed persons are forced to receive medical treatment.A mental patient must accept the criminal compulsory medical procedure if he or she meets three conditions. First, the patient do violent behavior, and the harmfulness of this behavior must reach up to crime. The second is the mental patient is identified as not criminally responsible by legal procedure. Third, the mental patient is dangerous. Compulsory medical security, therapeutic and preventive characteristics., Compulsory medical treatment must apply at the same time meet the behavior factor, medical factor and personal risk factor. Compulsory medical procedures as a kind of special procedure in the points has the characteristics of independence, protective, flexibility, Its applicable must insist on the principle of statutory, necessity, the principle of the combination of social defense and human rights protection, Compulsory medical procedures as special procedure for the treatment of mental patients forced, the pursuit of social defense value and the value of human rights protection.This article through the definition of basic category of compulsory medical treatment system, Points out that the compulsory medical and criminal punishment and criminal compulsory measures is the difference between, Determine the nature of its security measures. At the same time by the relevant national compulsory medical procedures outside of introduction and comparative analysis, Summary of the continental law system and Anglo-American law system in two law systems of compulsory medical treatment system in common, With reference to the practice of foreign compulsory medical procedures Criminal compulsory medical procedure legislation deficiency in China put forward the solutions. Hope it is helpful to the improvement of the system of compulsory medical treatment.