To Improve The Mental Patient Criminal Compulsory Medical Procedure

With the probability of ever-accelerating pace of modern life, people in the face of work and life pressures, due to inability to find an effective way to release suffering from mental illness is increasing, compared with ordinary crime, no obvious motive,sudden strong, brutality and other crimes often have mental patient characteristics. In real life, the mentally ill troublemaking cases have occurred, but our law does not have the ability to identify or control capability for the mentally ill criminal behavior, not criminally responsible for their actions. If it is not effective supervision of its implementation, they released into the community again, continue to pose a threat to public safety, can easily cause grievances, triggering new social contradictions and conflicts. From the perspective of public safety, the country needs to implement effective monitoring of mental patients, to avoid a repeat of the tragedy. While the mentally ill as part of social groups, like ordinary citizens should enjoy the same basic human rights, their personal safety and freedom should not be wantonly violated and denied. In practice, the mentally ill troublemaking committing "criminal law" should be criminal compulsory medical supervision has not been effective, in addition to being forced to take a mental patient psychiatric medical treatment in the event of abuse also occurred. Therefore, in order to seek to maintain public safety and protect the human rights of patients balance between spiritual, mental patients criminal compulsory improve the medical procedure is necessary.Article is divided into four main parts, the main purpose of writing is through our "Code of Criminal Procedure," Criminal forced medical procedures specified deficiencies exist, from the reality of our country, drawing on the success of the US criminal compulsory medical experience, Perfection of Criminal compulsory medical advice provided for reference. Attention to detail in this article analyzes the contents of four parts, depending on the use of different research methods. Firstly, from a compulsory medical concepts and begin criminal nature, the use of comparative analysis, will be admitted to criminal compulsory medical and administrative, criminal penalties, criminal coercive measures to compare, further defined as a criminal criminal compulsory medical nature of the special procedures. The second part analyzes the status quo of China’s criminal legislation and mandatory health problems using summarized Act, the "Code of Criminal Procedure" and judicial interpretation of therelevant provisions of the criminal conduct compulsory medical procedures dismembered, revealing the current compulsory health of our criminal legislative status quo and problems. The third part of the compulsory health through the US criminal analysis, combined with China’s reality, in order to improve our health care system to provide mandatory criminal reference. The last part of our criminal compulsory medical procedures according to the problems put forward a comprehensive proposal, by refining the implementation details, so that the function of criminal compulsory health have more space to play.