The Perfection Of Our Criminal Compulsory Medical Procedures

In 2012,the revised "law of criminal procedure" add special program of a series of mental patients, specially "the rule of law is not to bear criminal responsibility of compulsory medical program" into them, thus opening a new situation of compulsory medical program from scratch our criminal. The program settings,make our country the procedure law of the provisions of mandatory medical treatment for mental patients no longer blank, is the first in the basic law based, therefore in the forced medical procedures in the process of justification is a milepost type progress. Meanwhile, also has the important significance for the protection of human rights and the protection of mental patients to social stability and people’s safety.However, the new criminal procedure law on compulsory medical procedures are still fairly generalization and fuzzy, in many details not fully regulated, the lack of appropriate, insufficient, still need to be clear and perfect. In view of this, this article on the premise of criminal basic theory of compulsory medical program under control, in-depth analysis of the special procedures in the implementation of the present situation of our country, through discussion and research in many aspects, find out the problem, and selective use for reference foreign legislation and practical experience, in view of the problems from entity and procedure two aspects to put forward the perfect suggestions.Therefore, this paper will be divided into four parts to elaborate:The first part explains the basic theory of our criminal compulsory medical procedures. It clearly defines the concepts of Compulsory Medical Treatment, Compulsory Medical Procedure, and points out that the nature of the compulsory medical procedures of criminal judicial. its essence is the medical for purposes of social defense, on patient compliance with the statutory conditions of the freedom of the person shall be certain restrictions of compulsory medical measures, different from the penalty, but also non equivalent in the criminal compulsory measures. Subsequently, it shows the particularities of the criminal compulsory medical procedure compared with the common criminal procedure on the object, applicable conditions and execution, and briefly discusses the criminal compulsory medical procedures provided theoretical and practical significance.The second part, through the analysis of the research status quo of China’s criminal compulsory medical procedures, it points out the inadequacy of the procedure in legislation and the problems encountered in the application. The main problems of: the scope of application is narrow;the suitable condition for comparing is fuzzy;proceedings the subject is absolute;judicial psychiatric appraisal is chaotic;right relief way is single;implementation is not smooth;legal supervision is not perfect,and so on.The third part, it mainly reviews several representative countries of compulsory medical system legislation relatively mature in the two law systems.This paper investigates America, Britain, Russia, Germany, four countries on legislation and practice of the program, and analyzed its to perfect our criminal compulsory medical procedures reference, for example, object of application widely, giving the parties the judicial appraisal of mental illness, starting right for coercive defenceive system, not a public hearing, they all provides inspiration and enlightenment to perfect our criminal compulsory medical program.The fourth part, the focus is to put forward some measures to perfect our criminal compulsory medical procedures. In view of the aforementioned questions, learning from foreign legislation and the judicial practice experience, and unifying our country national condition, it proposes consummates our country criminal action forced medical procedures: expand the applicable scope, increase the implementation of crime of limited capacity, no competence to stand trial or psychotic criminals without penalty execution ability; to clear the applicable conditions from three aspects of behavior conditions, conditions of criminal liability and the dangerous conditions; to give the parties and their legal representatives, the defenders, close relatives procedure start right; the non-public trial method; clear implementation of the subject and responsibility, with relatively fixed execution time limit; perfect the procuratorial organs of the legal supervision mechanism.