On The Improvement Of Compulsory Medical Procedure In The Criminal Procedure

The revised criminal procedure law increase "the spirit of the criminal responsibility of the mandatory medical procedures" in the fifth special procedures, not only make up for the legislative defects of China’s criminal law, but also fill the gaps in our country’s mental health mandatory medical procedures, and to confirm the legal form of the new era of the rule of law and has important significance in protecting human rights. This artic use the outline and the defined of compulsory medical procedures as the breakthrough point, under the premise of a preliminary understanding of compulsory medical treatment, then summarizes at all times and in all over the world, especially the 1997 criminal law about mental patients, in order to master the development source of forced medical procedures completely. After that, the artic analyzes the advantages and disadvantages of the criminal procedure law in 2012, and expounds the progress of the application of the system, the application of the procedure and the progress of the procedure. At the same time, the author combined with two cases which the mental patients killed people, from the perspective of judicial practice, the cost no body attend, guardian or legal representative unknown, the implementation unmanned surveillance and other practical issues. At the last, the author from the perspective of judicial practitioners, from the pre-trial investigation and review, the trial of the referee, the implementation of the supervision of the three aspects advise some specific improvement suggestions. In the pre-trial, fills the start of the main crack, standard Interim measures of protection, clear judicial identification effect level suggestions; in the trial, proposed guardian or legal representative and mandatory forced appearance court, regulate the use of police equipment, judgment should be detailed suggestions; after the trial, proposed the clear of regulatory mechanism and the implementation period, to standardize the implementation of the revocation or modification and perfect execution supervision suggestions. Through the above analysis, hope that could make the compulsory medical procedure has more operational in the judicial practice.