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Research In Perfecting The System Of Psychiatric Compulsory Medical Treatment In China

Posted on:2016-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y J ZhanFull Text:PDF
GTID:2296330479988771Subject:Law
Abstract/Summary:PDF Full Text Request
The implementation of psychiatric compulsory medical treatment in practice for a long time in our country. Article 18 of criminal law has made rules in 1997. But because the rules are too general, there are a lot of problems in practice in all over the country. "Be Mental illness" problem has been questioned the legality of the system for a long time. In 2012, the new "criminal procedural law" promulgated, it made special provision of psychiatric compulsory medical procedures in Special section, and it shows the National attention on this issue. As the first show of the Psychiatric compulsory health care system, although responded enthusiastically, proves that there are still some problems. This paper is on the Comprehensive review of psychiatric compulsory medical treatment and point out problems that should pay attention to. And to solve these problems, puts forward the corresponding perfecting suggestion. This article is based on the value pursuit of compulsory medical treatment system, and all the system consummation Suggestions are around to realize the value pursuit of compulsory medical treatment which Including values the social defense, Values of human rights protection and values of medical assistance. This article based on the applicable order of compulsory medical procedures in terms of asking questions and giving recommendations. These questions are including the problems in applicable objects, the problems in applicable condition, the problems existing in the trial, the problems in the execution procedures, in removing procedures and supervision issues and so on. This paper focus on how to improve the program, about expanding the applicable objects, clearing the applicable conditions, reasonable provision of temporary protective measures to restrain, Specification for psychiatric appraisal process, detailing the implementation and termination procedures, protecting the lawful rights and interests of the parties for better, strengthening of the system of supervision, etc. This paper aims to around reflection of the system, to provide whatever practical guidance for solving related problems.
Keywords/Search Tags:Compulsory Medical Treatment, Social Defense, Human Rights Protection, Medical Assistance, Procedures Improvement
PDF Full Text Request
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