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Research On Procedural Issues Of The Compulsory Medical Treatment For Mental Patients

Posted on:2016-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:M J LvFull Text:PDF
GTID:2296330479988209Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of mental health services and the accelerated pace of modern social life, the crime of the mental patients have become the major social issue which affected China’s human rights, social security and stability. However, for a long time the compulsory medical situation for mental patients in China is not optimistic. After the amendment of the “Criminal Procedure Law”, “the Procedure for the Compulsory Medical Treatment of Mental Patients Who Are Free from Criminal Responsibility” as a special chapter will be included in the legalization track. However, the procedures and related systems, whether in law or in practice have inadequacies need to be improved. This paper could be divided into two main parts in structure. The preamble part introduced the background in which this paper was completed. The main body of this paper discussed the subject in four chapters.The first chapter introduced the connotation and nature of the compulsory medical treatment for mental patients, and the value in getting rid of administration, protecting private rights, preventing crime and remedying the procedural imbalances.The second chapter is an analysis of China’s existing regulations about compulsory medical treatment in order to find what needs improving. By analyzing, there are many problems in our current compulsory medical treatment. The initiator procedures, applicable procedures and the parties’ litigation rights of compulsory medical procedures need to be improved.The third chapter is about the introduction and analysis of the procedures of compulsory medical treatment in other countries. Foreign counties have established more complete criminal compulsory medical procedures and accumulated rich experience. China should learn from the foreign counties’ reasonable practices, then, improve our criminal compulsory medical procedures.The fourth chapter gives advice to improve the procedure for the compulsory medical treatment of mental patients who are free from criminal responsibility. From consummating procedure setting, refining procedure rules, strengthening right protection and other aspects to improve the compulsory medical treatment. Balance public interests and the legitimate rights of the mental patients.
Keywords/Search Tags:mental patients, compulsory medical treatment, foreign experience, improve measures
PDF Full Text Request
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